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Supreme Court Rulings Trickle Down: RFRA

In the April, 1997, issue we reported the seventh circuit's ruling in O'Leary v. Mack, 80 F.3d 1175 (7th Cir. 1996) where the appeals court interpreted the Religious Freedom Restoration Act. The U.S. supreme court has vacated that ruling for reconsideration in light of City of Boerne v. Flores, 117 S.Ct. 2157 (1997) [PLN. Sep. 1997] which struck down as unconstitutional the RFRA. See: O'Leary v. Mack, 66 USLW. 3218 (10-7-97).

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Related legal case

O'Leary v. Mack

118 S. CT. 36

MICHAEL O'LEARY, ET AL. v. JOHN MACK, ET AL.

96-1598

SUPREME COURT OF THE UNITED STATES

522 U.S. 801; 118 S. Ct. 36; 139 L. Ed. 2d 5; 1997 U.S. ; 66 U.S.L.W. 3253; 97 Cal. Daily Op. Service 7844; 97 Daily Journal DAR 12645

October 6, 1997, Decided


PRIOR HISTORY: [*1] On Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit, Reported at: 1996 U.S. App. LEXIS 6267.

JUDGES: Rehnquist, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, Breyer.

OPINION:
The motion of respondent John Mack for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of City of Boerne v. Flores, 521 U.S. 507, 138 L. Ed. 2d 624, 117 S. Ct. 2157 (1997).