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REV. 2075, 2093 (2023); Douglas Laycock & Thomas C. Berg, Protecting Free Exercise Under Smith and A�er Smith, 2020-2021 CATO SUP. CT. REV. 33, 40-49
the state.”40 Instead, we carefully walk the reader through an analysis of each family ties burden and benefit to examine its 37. Our book issues a
the Constitution.40 Pauli Murray saw within the Constitution a foundation for a challenge to intersectional discrimination, premised on race and sexual
detaining a person for only a “reasonable period.”40 Like the Ninth Circuit, a majority of the Supreme Court held that indefinite detention with “no
reach of white supremacy”). 398 S.E.2d 40, 47 (1990) (maintaining that, as a matter of law, the state social services commissi… 398 S.E.2d 40, 47 (1990
Game, Vice (Nov. 23, 2016, 1:40 PM) h… See Robert Rath, Why Cops Are Raiding Arcades over a Fishing Game, Vice (Nov. 23, 2016, 1:40 PM) https
ALI Corporate Governance Project: Of the Duty of Due Care and the Business Judgment Rule, 41 BUS. LAW. 1237, 1239-40 (1986). 29. But see Lee, supra
”] metaphor for nearly 40 years.”16 Two other ranked quotations, taken together, capture well Chief Justice Rehnquist’s “big picture” view of our
291 (Scalia, J., dissenting). 38. Id. at 267 (internal quotation marks omitted). 39. Id. at 291 (Scalia, J., dissenting). 40. 531 U.S. 159, 172
to Substance—Extra-Judicial Rise of Due Process, 1830-1860, 40 CALIF. L. REV. 483, 484-86 (1952); Charles Grove Haines, Judicial Review of