Is O Centro a Sign of Hope for RFRM Claimants
Matthew Nicholson, 95 Va. L. Rev. 1281 (2009)
Only time will tell if O Centro will actually improve the success rate of RFRA claimants, but this Note argues that there are already good reasons for doubt. Although O Centro takes away one method that courts traditionally used to deny RFRA claims, it does not prevent courts from turning to other methods to achieve similar results. This Note examines RFRA cases decided by the courts of appeals after O Centro, and it identifies four such interpretive moves. The first two moves avoid the need to confront O Centro‘s interpretation of the compelling interest test altogether, and the last two moves weaken the test itself. If courts remain uncomfortable with granting religious exemptions, they may increasingly employ these four moves to reduce O Centro’s impact.
