Mark
Tushnet is right
— there is an emerging, rich literature on the legal aspects of the conflict
between religion and equality law since Hobby Lobby. In addition to the sources
he cites, essential reading includes the two other law review issues connected
to the Harvard conference last year in the Harvard Law & Policy Review and the
Southern California Law Review (still forthcoming but including
already-available pieces by Rick Garnett and Andy Koppelman), as well as Liz
Sepper’s review of Horwitz and her forthcoming
piece on Free Exercise Lochnerism, plus Bill
Marshall’s piece on Hobby Lobby for Supreme Court
Review.