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A Reply to Professor Johnson

Published online by Cambridge University Press:  24 April 2015


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Copyright © Center for the Study of Law and Religion at Emory University 2007

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1. Hamilton, Marci A., God vs. the Gavel: Religion and the Rule of Law (Cambridge U. Press 2005)CrossRefGoogle Scholar. See William Stacy Johnson, Book Review, Hamilton, Marci A., God vs. the Gavel: Religion and the Rule of Law, 22 J.L. & Religion 287 (20062007)Google Scholar.

2. 374 U.S. 398 (1963).

3. 494 U.S. 872 (1990).

4. 406 U.S. 205 (1972).

5. Johnson, supra n. 1. He goes on to make the point that Congress overrode his reading of Smith through an “overwhelming vote” in favor of the Religious Freedom Restoration Act. Id. at 288. This is not the place to get into the depths of the RFRA legislative history, but Professor Johnson's claim perpetuates one of the myths surrounding RFRA. In truth, the House of Representatives enacted RFRA under its “unanimous consent” rule, which means few members were required to be present and no roll call taken.

6. 546 U.S. 418 (2006).

7. 544 U.S. 709 (2005).

8. Johnson, supra n. 1, at 289.