The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


Federalist Society Panel on the Free Exercise Clause Next Monday (the 9th), 11 am to 12:15 pm Eastern


This will be part of the free-of-charge online Federalist Society convention:

Religious Liberties
Religious Liberty and the New Court
11:00 a.m. – 12:15 p.m.

Prof. Stephanie Barclay, Associate Professor of Law, University of Notre Dame Law
Prof. Gerard V. Bradley, Professor of Law, University of Notre Dame Law School
Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, University of
California, Los Angeles School of Law
Ms. Lori Windham, Senior Counsel, The Becket Fund for Religious Liberty
Moderator: Hon. Neomi Rao, United States Court of Appeals, District of Columbia

My understanding is that Prof. Barclay and Ms. Windham will be on the side of reading the Free Exercise Clause as securing a strong presumption of religious exemptions from generally applicable laws (i.e., applying the Sherbert v. Verner and Wisconsin v. Yoder approach to a wide range of laws), while Prof. Bradley and I will be on the other side (i.e., generally supporting Employment Division v. Smith). Ought to be fun as well as, we hope, enlightening.

Register for the webinars or watch the live streams at

CLE Instructions are at (payment is required to get CLE credit, but not if you just want to watch the programs).