Kagan: Establishment Clause Is “Hard”
…laim from the other side – some freedom for government to make religious accommodations without being subject to Establishment Clause challenges, and some freedom on government’s part to enforce the values of the Establishment Clause without being subject to Free Exercise claims. That’s not to say how any particular case should come out, because sometimes the state goes too far, but that in general there needs to be a little bit of “play in the jo…
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