Professor Rick Duncan's seminal article on the Free Exercise Clause, Free Exercise Is Dead, Long Live Free Exercise: Smith, Lukumi and the General Applicability Requirement, 3 U. PA. J. CONST. L. 850 (2001), was recently featured in an important amicus brief, filed in the Ninth Circuit Court of Appeals in Stormans v. Selecky, on behalf of a prestigious group of Constitutional Law professors. The brief supports the religious liberty claim of pharmacists, who refuse to stock or deliver the emergency contraceptives Plan B and ella, based upon sincerely held religious beliefs that these drugs terminate a human life.
The amici on the brief constitute a literal who's who of First Amendment scholars, including in addition to Professor Duncan, Professor Douglas Laycock of Virginia Law, Professor Mary Ann Glendon of Harvard Law, and Professor Robert P. George of Princeton.