All Episodes

April 22, 2024 8 mins

Can you believe we are up to Religion Law Quiz #75?  What a milestone?  In honor of that milestone today’s quiz focuses on a key concept that is critically important to many constitutional rights. 

 

How does the government satisfy “strict scrutiny”? 

 

(Scroll down for the answer)

 

Answer: Here’s how the Supreme Court answered that question three years ago. 

 

Strict scrutiny “is not ‘watered down but really means what it says,’ Lukumi, 508 U.S. at 546, 113 S.Ct. 2217 (internal quotation marks and alterations omitted). To satisfy it, government action ‘must advance ‘interests of the highest order’ and must be narrowly tailored in pursuit of those interests.’ Ibid. (quoting McDaniel, 435 U.S. at 628, 98 S.Ct. 1322).”

Espinoza v. Montana Dep't of Revenue, 207 L. Ed. 2d 679, 140 S. Ct. 2246, 2260 (2020)

 

Disclaimer: The Religion Law Quizzes are provided as a service to the bar. They are informal, non-binding hypothetical questions intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

 

Welcome to episode 75 of the Religion Law Podcast. In this episode, your host Michael Fielding, throws light on the concept of strict scrutiny as applied to religion-related legal cases. Focusing on the key legal principles from the major Supreme Court decision, Espinoza v. Montana Department of Revenue in 2020, Michael shares insights on how the government satisfies strict scrutiny.

Discussing how strict scrutiny isn't just a label but it really implies what it signifies, he emphasizes the need for government actions to advance the highest order of interests and to be strictly tailored in pursuit of such interests. A practical application of strict scrutiny is also shared from a layperson's viewpoint with some memorable and relatable examples.

This episode takes us on a journey where we get a more systematic understanding of the Supreme Court's religious freedom-related cases over the past years. The episode ends with the assurance that the next episodes will be even more significant, offering an up-to-date understanding of the law and how it affects us.

Laid out in a convenient question-and-answer format, this episode of the Religion Law Podcast is a valuable resource for anyone keen on understanding the legal aspect of religious freedom. The content is solely for educational purposes and is not intended as legal advice.

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