Bench Memos

Re: Another Crazy DOJ Stance Against Religious Liberty

To illustrate how mindnumbingly ridiculous DOJ’s position is, consider this hypothetical:

A Jewish family operates a deli and incorporates its business. Implementing its religious beliefs, the family keeps the deli closed on the Jewish Sabbath. But the federal government enacts a law that requires that all food-service businesses engaged in interstate commerce be open seven days a week.

Can anyone take seriously DOJ’s position that the deli owners don’t even have a cognizable claim against the law under the Religious Freedom Restoration Act because they have incorporated their business?

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