Consequently, OEO fertility services were concentrated in poor, Black neighborhoods, and Southern and ghetto hospitals operated de facto programs that delivered coerced
sterilization and punitive IUD's.
This rationale asserts that the Supreme Court cannot hold section 8(b)(4)(B) unconstitutional because it is Congress's role to strike the delicate balance "between union freedom of expression and the ability of neutral employers, employees, and consumers to remain free from coerced
participation in industrial strife." (260) But this rationale is as flawed and discriminatory as the unlawful objectives test: while it is true that Congress has the power to regulate commerce, it has never been implied by the Court--outside of the context of union expression--that Congress's decision to regulate a certain type of expression strips that expression of First Amendment protection.
(d) It is a defense to a prosecution for an offense under sections (b) and (c) that the sexual activity is prosecutable only because of the age of the individual sought to be persuaded, induced, enticed, or coerced
; the individual sought to be persuaded, induced, enticed, or coerced
had attained the age of 12 years; and any other participant in the prosecutable sexual activity was not more than 4 years older than the individual sought to be persuaded, induced, enticed, or coerced
Beginning from the premise that RFRA's express restoration of Sherbert and Yoder lead[s] to the following conclusion: Under RFRA, a "substantial burden" is imposed only when individuals are forced to choose between following the tenets of their religion and receiving a governmental benefit (Sherbert) or coerced
to act contrary to their religious beliefs by the threat of civil or criminal sanctions (Yoder), (157)
First, when one's own private association enforces some norm against one, then such enforcement gains some legitimacy from the consensual nature of one's membership: one can make a less plausible argument that the organization "coerces
" one into obeying the norm when nonentry into, or exit from, the organization is a practically feasible option.
The result, as Burt characterizes it, was judicially coerced
subjugation of one side to the other: "national government [triumphed] over the states in McCulloch, the southern slaveowners [over the slaves] in Prigg and Dred Scott, and the propertied few [over the laboring many] in the Fuller Court decisions generally" (p.