City of Boerne v. Flores
City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.
City of Boerne v. Flores | |
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Supreme Court of the United States | |
Argued February 19, 1997 Decided June 25, 1997 | |
Full case name | City of Boerne, Petitioner v. P. F. Flores, Archbishop of San Antonio, and United States |
Citations | 521 U.S. 507 (more) |
Case history | |
Prior | 877 F. Supp. 355 (W.D. Tex. 1995), rev'd, 73 F.3d 1352 (5th Cir.), rehearing en banc denied, 83 F.3d 421 (5th Cir.), cert. granted, 519 U.S. 926 (1996) |
Subsequent | District court affirmed and remanded, 119 F.3d 341 (5th Cir. 1997) |
Holding | |
Enactment of the Religious Freedom Restoration Act of 1993 exceeded congressional power under Section 5 of the Fourteenth Amendment. | |
Court membership | |
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Case opinions | |
Majority | Kennedy, joined by Rehnquist, Stevens, Thomas, Ginsburg; Scalia (all but part III-A-1) |
Concurrence | Stevens |
Concurrence | Scalia, joined by Stevens |
Dissent | O'Connor, joined by Breyer (except a portion of part I) |
Dissent | Souter |
Dissent | Breyer |
Laws applied | |
U.S. Const. amends. I, XIV; Religious Freedom Restoration Act |
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