Washington Times, November 26, 2013
Tom Howell Jr., quoting Holly Fernandez Lynch


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[...] Ms. Lynch said the outcome is a particularly hard one to predict. But she thinks the court will dispense with the constitutional claims and focus more heavily on religious-freedom protection in RFRA.

While the mandate is certainly a burden, she said it may be a tough sell for the plaintiffs to prove it is a "substantial burden," because of the distinction between what an employer must do -- ensure that an insurer covers the services -- and the employees' role in acquiring and using them.

And yet, she said, the Obama administration's decision to exempt certain faith-based employers could work against them. [...]

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