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Stephanie Hall Barclay @shbarclay.bsky.social · 28/05/2025

My latest piece, Constructing Constitutional Rights, is now out. Thanks to the Harvard Law Review for inviting me to write this response to Jud Campbell's important article, Determining Rights, and for the editors' superb work. @ssrn.bsky.social link here: papers.ssrn.com/sol3/papers....

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Reposted by Stephanie Hall Barclay

Lawrence Hurley @lawrencehurley.bsky.social · 22/05/2025

It is not clear when another case on this precise issue might arise as no other states are currently close to approving a religious charter school. But there are other ways the court could expand on the free exercise clause at the expense of the establishment clause, per @shbarclay.bsky.social:

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Guy Baldwin @guyjbaldwin.bsky.social · 10/04/2025

Thanks to Professor Stephanie Barclay (Georgetown) for her excellent presentation entitled "Reflections on the USA Constitution and the Role of the Judiciary" yesterday in the ManReg Public Law Seminar Series at the University of Manchester

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Stephanie Hall Barclay @shbarclay.bsky.social · 12/03/2025

In a recent joint blog post, I wrote w/ Profs Michael McConnell @stanfordlaw.bsky.social, Douglas Laycock @uvalaw.bsky.social & Mark Storslee @emorylaw.bsky.social about why the Ct shouldn't Bruen-ize the Free Exercise Clause & why strict scrutiny is the better approach. reason.com/volokh/2025/...

reason.com

"The Court Shouldn't Bruen-ize the Free Exercise Clause"

I'm delighted to be able to pass along this analysis from Profs. Michael McConnell, Douglas Laycock, Stephanie Barclay, and Mark Storslee. (McConnell and

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Sherif Girgis @sherifgirgis.bsky.social · 11/03/2025

Maybe relevant to Mahmoud v. Taylor, argued at SCOTUS next month, where Ct is being asked (in the alternative) to expand free exercise. For a related take on how it should implement such rights, see this t.co/Slw08TsSOJ by @shbarclay.bsky.social, Mark Storslee, Mike McConnell & Doug Laycock

t.co

https://reason.com/volokh/2025/03/08/the-court-shouldnt-bruen-ize-the-free-exercise-clause/

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Anthony Michael Kreis @anthonymkreis.bsky.social · 19/02/2025

This looks fascinating. And it is consistent with a lot of the work about the broader political undercurrents in the 1980s working to undermine the Sherbert-Yoder regime.

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Stephanie Hall Barclay @shbarclay.bsky.social · 19/02/2025

Excited to share that my latest article, coauthored with Matthew Krauter, is forthcoming in the @PennLRev. The Untold Story of the Proto-Smith Era: Justice O'Connor's Papers and the Court's Free Exercise Revolution. @SSRN Link here, and comments welcome: papers.ssrn.com/sol3/papers....

papers.ssrn.com

The Untold Story of the Proto-Smith Era: Justice O'Connor's Papers and the Court's Free Exercise Revolution

<p>Justice O’Connor’s recently released Supreme Court papers reveal the untold story of how the Court systematically dismantled religious accommodation protecti

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Stephanie Hall Barclay @shbarclay.bsky.social · 20/11/2024

My latest article with Kurt Lash forthcoming in the Vanderbilt Law Review. We canvas the history of religious resistance to the Fugitive Slave Act, & we assess what that tells us about constitutional protections for religious burdens caused by general laws. Link here: dx.doi.org/10.2139/ssrn...

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