Free Exercise in The Covid Era: The New Court’s Kantian Approach to Religion

Abstract

The issue of religious freedom has been hotly contested since public health and government officials announced prohibitions on in-person gatherings in March of 2020. Since then, mask mandates and vaccine requirements have created tension between public health and individual choice that has frequently sought resolution in the courts. It may be unsurprising that the Supreme Court has been largely deferential to religious claimants since the beginning of the COVID pandemic—the current ideological composition of the bench coupled with religion’s status as a central tenet of contemporary conservatism appears to command no other outcome.

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Mackenzie Karbon

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