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?

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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