ADDITIONAL PROTECTION FOR SECURITIES CUSTOMERS—INCLUSION OF SCOTCH WHISKEY WAREHOUSE RECEIPTS WITHIN THE DEFINITION OF SECURITIES SEC v. M. A. LUNDY ASSOCIATES 362 F. Supp. 226 (D.R.I. 1973).

Protecting the rights of conscience of health care providers

“…200 After the Supreme Court decided Smith, however, the district court withdrew its earlier opinion and dismissed the plaintiffs' complaint because ' 'under Smith [the court] can no longer rule that the infringement rises to a constitutional level." 201 Likewise, in Montgomery v. County of Clinton, 202 another federal court ruled that, under Smith, the first amendment provided no protection for a Jewish couple whose personal religious beliefs prohibited autopsies, when their son was killed in a high speed automobile crash and a law of general applicability authorized the performance of an autopsy under those circumstances. 203 If the free exercise clause of the first amendment provides no protection for the rights of conscience of patients against a generally applicable medical practice, policy, or regulation, then it does not protect the rights of conscience of health care providers, either.…”