Why American Jews Shouldn’t Fear the Overturning of a Landmark Religious-Freedom Case

According to the landmark Supreme Court decision in the case of Employment Division v. Smith, laws that restrict religious practices are constitutional so long as they are “neutral” and “generally applicable,” and don’t single out religion per se, or a particular religion. Justice Samuel Alito recently challenged this ruling, bringing as examples laws that might prohibit kosher slaughter, circumcision, or the wearing of head coverings in court. Such legislation, Alito noted, would severely restrict Jewish (and Muslim) practice, yet could still be written in a way that would be acceptable according to Smith. Josh Blackman, Howard Slugh, and Mitchell Rocklin explore these examples: