In response to my posting yesterday on Religion Clause opinions of potential Supreme Court nominees, commenters have suggested additional sources on Judge Michael McConnell's views. While not strictly a free exercise or establishment clause opinion, McConnell wrote a concurring opinion in O Centro Espirita Beneficiente Uniao do Vegetal v. Ashcroft, 389 F.3d 973 (10th Cir., Nov. 12, 2004). It involves the standard for granting a preliminary injunction when a practice is challenged under the Religious Freedom Restoration Act. The US Supreme Court has granted certiorari in the case. [Thanks to Derek L. Gaubatz]
Also, McConnell has written at least 3 law review articles on the religion clauses, Here they are with links to LEXIS: The Problem of Singling Out Religion, 50 DePaul Law Review 1 (2000); Establishment and Disestablishment at the Founding, Part I: Establishment of Religion, 44 William & Mary Law Review 2105 (2003); The Origins and Historical Understanding of Free Exercise of Religion, 103 Harvard Law Review 1409 (1990) . [Thanks to Troy L. Booher]
