Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, October 17, 2009

Unconstitutional condition

For what it's worth, in my view the statute described by Rob should be declared unconstitutional as applied to those whose freedom of conscience would be impaired. In the language of one line of cases, it should be regarded as imposing an unconstitutional condition: you can not be a justice of the peace unless you are prepared to waive your freedom of conscience in pursuing on the job activities.


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