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influential theory of law instructs us to seek the principle that best fits and justifies the statute.9 In Smith, we have two salient candidate
right branch. 9. See Glicksman & Levy, supra note 4, at 1093-95 (describing and critiquing the “resurgence of separation of powers formalism” in
strategic interactions that result from comparisons among subjects, see Margaret H. Lemos & Alex Stein, Strategic Enforcement, 95 MINN. L. REV. 9 (2011
4959-YGR, 2018 WL 424362, at 9 (N.D. Cal. Jan. 16, 2018); accord In re Humphrey, 228 Cal. Rptr. 3d 513, 528 (Ct. App. 2018); cf. ODonnell v. Harris
Biden Says if Elected He Will Form Bipartisan Commission to Recommend Changes to Supreme Court, CNN (Oct. 22, 2020, 9:53 AM ET), https://www.cnn.com
to be a one-term president”). See Michael D. Shear, Republicans May Opt Out of Obama’s Health-Care Summit, Wash. Post, Feb. 9, 2010, http
clinics), parental involvement, waiting periods, and informed consent.”9 He advised that “now is not the time to pass . . . bills banning abortion
heterodox or disfavored speech, but not neutral.9 Campbell further argues that the Court’s embrace of a conception of the First Amendment organized
Feb. 9, 2023), https://www.nytimes.com/2023/02/09/us/weaponization-committee-house-republicans.html https://perma.cc/JH7F-6GJC. See Fed. Election Comm’n
government should not have the power to interfere with, limit, regulate, manage, or control something so supremely important.9 In short, religious