id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2946	Delaney, John	Police Power Absolutism and Nullifying the Free Exercise Clause: A Critique of Oregon v. Smith	1991	76	.pdf	application/pdf	36210	1833	53	The liberty interest at stake is more fundamental and thus, the array of individual exemptions that may be raised as defenses is infused with a different significance than the array of good cause[s] that may be raised in the unemployment compensation area.94 The Smith Court reaffirmed the Sherbert compelling interest balancing test to protect free exercise interests in the unemployment compensation realm when a significant monetary benefit is at stake, although it re- pudiated the applicability of this compelling interest test, or any real test at all, in the criminal law realm when liberty is at stake. The Court's reasoning is a classic non sequitur, unless it posits the decision of state legislators as the only conceivable cause for the original consequent (i.e., the application of the compelling interest test to cases of religious hardship to protect free exercise interests and values).	cache/inlawrev-2946.pdf	txt/inlawrev-2946.txt