Is Employment Division v. Smith still good law?

494 U.S. 872 (1990)

⚠ Has been questioned by later courts

Editorially curated by Law Student Workbench. Last updated 2026-08-12.

Smith (neutral, generally applicable laws need not yield to religious exercise) remains on the books but is sharply contested: Congress responded with RFRA, and several Justices have urged revisiting it (see Fulton v. City of Philadelphia (2021)).

Later authority

Fulton v. City of Philadelphia, 593 U.S. 522 (2021)criticized

This is an AI signal, not a citator. It flags whether later courts appear to have overruled, limited, or questioned this case — a research starting point. Always confirm on Westlaw (KeyCite) or Lexis (Shepard’s) before you rely on it. Not legal advice.

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