Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, March 28, 2014

Must-read from Prof. Michael McConnell on the Hobby Lobby case

Here, at the Volokh Conspiracy / Washington Post.  In the piece, Prof. McConnell engages four questions that came up during oral argument and that the justices will likely have on their mind as they meet in conference this morning:

(1) Could Hobby Lobby avoid a substantial burden on its religious exercise by dropping health insurance and paying fines of $2,000 per employee?

(2) Does the government have a compelling interest in protecting the statutory rights of Hobby Lobby’s employees?

(3) Would a ruling in favor of Hobby Lobby give rise to a slippery slope of exemptions from vaccines, minimum wage laws, anti-discrimination laws, and the like?

(4) Has the government satisfied the least restrictive means test?

Prof. McConnell explains why the answer to each of these questions is "no."


Garnett, Rick | Permalink