What Gorsuch Sees That Scalia Didn't

In 1990 Scalia severely curtailed the First Amendment's protection for the free exercise of religion. The case was Employment Division v. Smith. Alfred Smith, a Native American who worked as a counselor at an Oregon drug clinic, had been denied unemployment benefits after he was fired for taking peyote, a hallucinogen, as part of a religious ceremony. The Oregon law banning peyote included no exception for religious use.