Law School Discussion

Is this a "bill or attainder" moment?

barprephero

Is this a "bill or attainder" moment?
« on: July 09, 2014, 04:20:45 PM »
http://news.yahoo.com/dems-strike-back-hobby-lobby-case-not-bosss-182210871--abc-news-politics.html

They OPENLY say it is to target a specific group (hobby lobby) sounds like a bill o attainder to me if it were an MBE question

Re: Is this a "bill or attainder" moment?
« Reply #1 on: July 09, 2014, 05:03:02 PM »
No, as they are seeking to change a statute of general applicability that will no more affect Hobby Lobby or a specific religion than RFRA itself.

While I'm no constitutional scholar, it's my recollection that bills of attainder would potentially violate other constitutional rights, not statutory rights, like RFRA. It's important to remember that SCOTUS decided Hobby Lobby based on RFRA, not the Constitution.

barprephero

Re: Is this a "bill or attainder" moment?
« Reply #2 on: July 09, 2014, 05:34:33 PM »
No, as they are seeking to change a statute of general applicability that will no more affect Hobby Lobby or a specific religion than RFRA itself.

While I'm no constitutional scholar, it's my recollection that bills of attainder would potentially violate other constitutional rights, not statutory rights, like RFRA. It's important to remember that SCOTUS decided Hobby Lobby based on RFRA, not the Constitution.

On the MBE any question where they say they are targeting one person or one group and you do not mark it as attainder, you get it wrong

Re: Is this a "bill or attainder" moment?
« Reply #3 on: July 09, 2014, 06:10:29 PM »
Where who says? In the text of the law?

To which MBE question are you referring?

barprephero

Re: Is this a "bill or attainder" moment?
« Reply #4 on: July 14, 2014, 05:35:06 PM »
Where who says? In the text of the law?

To which MBE question are you referring?

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