Wednesday, April 13, 2016
Mark Silk says that the religious non-profits "caved" in the contraception-coverage-mandate litigation. I think he's quite wrong. As Michael McConnell shows, here, the matter is far more complicated. And, the latest round -- far from showing that the Little Sisters et al. were overreaching (or, as some persist in mistakenly insisting, distracted or pulled off course by their lawyers). Conclusion:
On a highly polarized issue, the Supreme Court deserves credit for seeking a solution that protects the rights of religious parties under RFRA while still accomplishing the government’s goal of free access to contraception. The Little Sisters have always said they simply want to be left alone to carry out their good works without violating their religious beliefs. Their supplemental brief proves the point, showing that there is no inherent conflict between their religious beliefs and the government’s goals. The government’s brief seems to acknowledge the handwriting on the wall. Because it can use a less restrictive means to accomplish its interests, it must.