by #RichardSchragger and #MicahSchwartzman in #IowaLawReview:

"First, we argue that abortion bans should be vulnerable to Establishment and Free Exercise challenges under doctrinal standards adopted in recent cases, which have closely scrutinized laws burdening religiously motivated conduct. Second, despite the justices’ expansive approach to religious freedom, we nevertheless predict that the Supreme Court will deny exemptions in the abortion context. It will do so not only because of the justices’ political inclinations, but also because the doctrine is sufficiently malleable to allow rejecting certain kinds of religious liberty claims while accepting others. Third, we argue that this selective application the Court’s religious liberty jurisprudence vindicates a long-standing critique of judicially mandated free exercise exemptions, namely, that such exemptions too easily permit judges to pick and choose among religious claims."

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4266006

#AbortionRights #abortion #SupremeCourt #SCOTUS #religion #ReligiousFreedom #RoeVsWade #RoeVWade #Dobbs