City of Boerne v. Flores: Religious Free Exercise Pays a High Price for the Supreme Court (original) (raw)

18. Id. 19. See Flores, 117 S. Ct. at 2172 (reversing the Fifth Circuit's judgment upholding RFRA, which was the statute attempting to vitiate the Smith holding). 20. See id. at 2176 (O'Connor, J., dissenting) (arguing that Smith is not a correct interpretation of the Free Exercise Clause); id. at 2186 (Souter, J., dissenting) (expressing "serious doubts about the precedential value of the Smith rule and its entitlement to adherence"); id. (Breyer, J., dissenting) (agreeing with Justice O'Connor that Flores should be re-argued to reexamine Smith).