Abstract
From the perspective of Boerne it seems that much of the controversy was a waste. A version of the 80/20 plan, not terribly different from what was ultimately adopted, had been floated early in the negotiations. The city spent around $265,000 in legal fees defending its position. The church’s legal costs have not been made public, but they must have been substantial. In addition, there was a good bit of ill will generated, both within the parish and among people in the community. As one observer said, “there were very few people who didn’t take one side or the other. It was disruptive to families. There are wounds in families that still have not healed.”1
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Notes
See Taylor G. Stout, “The Costs of Religious Accommodation in Prisons,” Virginia Law Review 96 (2010), 1201–39.
Christopher P. Banks and John Blakeman, The U.S. Supreme Court and New Federalism: From the Rehnquist to the Roberts Court (Lanham, MD: Rowman and Littlefield, 2012), Chapter 6.
Victor Andres Rodriquez, “Section 5 of the Voting Rights Act after Boerne: The Beginning of the End of Preclearance,” California Law Review 91 (2003): 769–826.
Glenn Kunkes, “The Times, They are Changing: The VRA is No Longer Constitutional,” Journal of Law and Politics 27 (2012): 357–85.
Mark Tushnet, Taking the Constitution Away from the Courts (Princeton, NJ: Princeton University Press, 1999); Larry Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (New York: Oxford University Press, 2004).
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© 2013 Jerold Waltman
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Waltman, J. (2013). Conclusion. In: Congress, the Supreme Court, and Religious Liberty. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137300645_10
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DOI: https://doi.org/10.1057/9781137300645_10
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