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The Talmud in Alito’s Fulton Concurrence

Alito refers to the Talmud once or twice in his Fulton concurrence.edit: I thought this was kind of fun, but might just be me.

‘Three decisions rejected challenges to Sunday closing laws by merchants who celebrated Saturday as the Sabbath, but at least two of these were based on the court’s conclusion that the asserted religious belief was unfounded. See City Council of Charleston v. Benjamin, 33 S. C. L. 508, 529 (1846) (“There is . . . no violation of the Hebrew’s religion, in requiring him to cease from labor on another day than his Sabbath, if he be left free to observe the latter according to his religion” (emphasis deleted)); Commonwealth v. Wolf, 3 Serg. & Rawle 47, 50, 51 (Pa.1817) (“[T]he Jewish Talmud . . . asserts no such doctrine” and the objection was made “out of mere caprice”). ‘ …

…. ‘Specht v. Common-wealth, 8 Pa. 312 (1848). The court observed that the merchant’s conscience rights might have been violated if his religion actually required him to work on Sunday, but the court concluded that the commandment to keep holy the Sabbath had never been understood to impose “an imperative obligation to fill up each day of the other six with some worldly employment.”’

submitted by /u/Shock-Wave-Tired
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Source: Reditt

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