Gregory Lipper

  • Read more: Texas, Self-Induced Abortion, and an Ode to Justice Powell

    Texas, Self-Induced Abortion, and an Ode to Justice Powell

    By Gregory M. Lipper With the Supreme Court ready to review the constitutionality of restrictions on abortion providers in Texas, new research from the Texas Policy Evaluation Project suggests that between 100,000–240,000 Texas women ages 18 to 49 have attempted to terminate a pregnancy on their own (that is, without help from a licensed medical professional)….

  • Read more: Abortion Derangement Syndrome, Missouri Edition

    Abortion Derangement Syndrome, Missouri Edition

    By Gregory M. Lipper Although the biggest abortion-related news last week came from the U.S. Supreme Court, a Missouri state senator (turned Attorney General candidate) took the prize for most bizarre. Senator Kurt Schaefer—chairman of the Missouri Senate’s interim “Committee on the Sanctity of Life”—wrote a stern letter to the University of Missouri; he suggested that…

  • Read more: The Supreme Court and Contraceptive Coverage—Take 2

    The Supreme Court and Contraceptive Coverage—Take 2

    By Gregory M. Lipper Today the Supreme Court granted review in seven challenges to the accommodation offered to those with religious objections to the Affordable Care Act’s contraceptive coverage regulations. I won’t rehash my earlier posts about why I (and seven of eight federal appeals courts) think that these challenges, brought under the Religious Freedom Restoration…

  • Read more: RFRA Jumps The Shark: The 8th Circuit Strikes Down the Contraception Accommodation (Part 2)

    RFRA Jumps The Shark: The 8th Circuit Strikes Down the Contraception Accommodation (Part 2)

    By Gregory M. Lipper Thomas Jefferson famously said that “[i]t does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.” Note what Jefferson did not say: “my neighbor is entitled to pick my pocket and break my leg, so long…

  • Read more: RFRA Jumps The Shark: The 8th Circuit Strikes Down the Contraception Accommodation (Part 1)

    RFRA Jumps The Shark: The 8th Circuit Strikes Down the Contraception Accommodation (Part 1)

    By Gregory M. Lipper On Thursday, the Eighth Circuit all but assured that major parts of the Affordable Care Act will return to the Supreme Court’s chopping block. This time the issue is whether an accommodation—enabling religious objectors to opt out of offering contraceptive coverage to their employees—itself violates the Religious Freedom Restoration Act (RFRA)….

  • Read more: Hell Hath No Fury Like An ACA Opponent Scorned

    Hell Hath No Fury Like An ACA Opponent Scorned

    By Gregory M. Lipper Over the weekend, Ted Cruz again lamented the role played by John Roberts in rejecting the plaintiffs’ arguments in King v. Burwell, the recent attempts to undermine the Affordable Care Act in the Supreme Court. After Chief Justice Roberts wrote the Supreme Court’s 6–3 opinion in the case, the emerging narrative…

  • Read more: (Final) Reply to Author of Cato Brief in Little Sisters Contraception Case

    (Final) Reply to Author of Cato Brief in Little Sisters Contraception Case

    By Gregory M. Lipper This is the third and (I promise) final installment in my skirmish with Josh Blackman over a brief that he and Cato Institute filed in support of Little Sisters of the Poor’s quixotic challenge to regulations requiring them to fill out a form to obtain an exemption from providing contraceptive coverage to…

  • Read more: A Reply to the Author of Cato’s Brief in the Little Sisters Contraception Case

    A Reply to the Author of Cato’s Brief in the Little Sisters Contraception Case

    By Gregory M. Lipper Josh Blackman has replied to my post criticizing the Cato Institute’s amicus brief (which Josh coauthored) in support of the cert petition in the Little Sisters contraception case. My original post made two arguments: (1) if you take away the nonprofit accommodation, Hobby Lobby no longer supplies a rule of decision,…

  • Read more: Little Sisters: Cato Institute Targets the Affordable Care Act—Yet Again

    Little Sisters: Cato Institute Targets the Affordable Care Act—Yet Again

    By Gregory M. Lipper Fresh off its unsuccessful attempt to gut the Affordable Care Act in King v. Burwell, the Cato Institute is back for more. This time, Cato has filed an amicus brief in support of Supreme Court review in Little Sisters of the Poor Home for the Aged v. Burwell. This is one of…

  • Read more: Introducing New Blogger Gregory Lipper

    Introducing New Blogger Gregory Lipper

    Gregory M. Lipper (@theglipper) is joining Bill of Health as a regular contributor. Greg is Senior Litigation Counsel at Americans United for Separation of Church and State. He litigates a range of religious freedom cases at trial on appeal, often bringing First Amendment challenges to government promotion of religion. In addition, he currently represents a Notre…