2. Compare and contrast the Supreme Court’s decision and reasoning in Wisconsin v. Yoder (1972) with its decision and reasoning in Employment Division v. Smith (1990). Is the Court consistent in its reasoning across these two cases? In other words, can the Court logically and consistently grant the Yoders an exemption from Wisconsin’s school attendance law on free exercise grounds and deny Smith and Black’s claim for an exemption from Oregon’s drug laws? Is each case rightly decided? Why or why not? Your response must note the difference between Justice Scalia’s opinion for the Court in Smith, on one hand, and Justice O’Connor’s concurring opinion in the case, on the other hand.
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2. Compare and contrast the Supreme Court’s decision and reasoning in Wisconsin v. Yoder (1972) with its decision and reasoning in Employment Division v. Smith (1990). Is the Court consistent in its reasoning across these two cases? In other words, can the Court logically and consistently grant the Yoders an exemption from Wisconsin’s school attendance law on free exercise grounds and deny Smith and Black’s claim for an exemption from Oregon’s drug laws? Is each case rightly decided? Why or why not? Your response must note the difference between Justice Scalia’s opinion for the Court in Smith, on one hand, and Justice O’Connor’s concurring opinion in the case, on the other hand.
Previous answers to this question
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