Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

reason.com/volokh/2025/07/06/justice-kagan-rejects-combination-theory-claims-for-separation-of-powers-cases

In Employment Division v. Smith, Justice Scalia identified the concept of hybrid rights: a restriction that targets two constitutional rights would be reviewed with heightened scrutiny. For example, a ban on saying "Merry Christmas" would offend both the freedom of speech and the free…

This story appeared on reason.com, 2025-07-06 21:57:47.
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