Religious nonprofits not losing faith after latest failed Obamacare birth control mandate appeal
From the article:
[...] Wednesday’s opinion against Wheaton came nine days after the Fifth Circuit turned back Baptist universities in Texas who objected to the mandate.
“Four circuits now reject the RFRA argument plaintiffs make here, and no circuit has held to the contrary,” Justice Department attorneys said in a memo referring to the Religious Freedom Restoration Act of 1993, which corporations relied on to win Hobby Lobby.
They wanted the 10th Circuit, which is mulling a case brought by the Little Sisters of the Poor, an elder-care charity run by nuns, to know about their Fifth Circuit win.
Holly Lynch, a bioethics expert at Harvard Law School who has tracked the debate, said circuit courts don’t necessarily take their cues from each other.
“That’s how we get splits,” she said. “However, it is plausible to think that a judge is more likely to be swayed by an argument she or he knows that other judges have found legally persuasive — even more so if they know that lots of other judges have found the same way.” [...]health care reform health law policy holly fernandez lynch judicial opinions