But according to Dr. Woods’ point, wouldn’t it be unconstitutional for the court to strike down a local law that targeted specific religious groups? For example, suppose a policy banning head-covering was spelled out with the intention of deterring Muslim students from looking the part.
Unless you adopt the view of incorporating the 1st Amendment against the states, it does not seem constitutionally consistent (under an originalist view) for the Feds to strike down such a law. No?
