Landor v. Louisiana Dept of Corrections and Public Safety · ¶123

So the Court’s ruling apparently boils down to dissatisfaction with the precise way Congress structured RLUIPA. Such hairsplitting undervalues Congress’s lawmaking prerogative; we ought not substitute our rigid contract-based preferences for Congress’s considered statutory design. “Some play must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts.” Missouri, K. & T. R. Co. v. May, 194 U. S. 267, 270 (1904). Taking this wisdom to heart, the Court usually exhibits a well-founded “reticence to invalidate the acts of the Nation’s elected leaders.” Na tional Federation of Independent Business v. Sebelius, 567 U. S. 519, 537–538 (2012) (opinion of ROBERTS, C. J.). In my view, an ill-formed analogy to contract law is a regrettable basis on which to turn…

slip opinion, revised 6/28/26
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