Religious Freedom Restoration Act

  • 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: (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: Waiting for Hobby Lobby–A brief refresher of the issues

    Waiting for Hobby Lobby–A brief refresher of the issues

    Cross post from healthlawprof blog Jennifer S. Bard Since the likelihood is that many readers of this blog will be asked to comment when the Supreme Court, some time this week, announces its decision in Hobby Lobby and Conestoga Wood Specialty cases here’s a brief refresher and some links.  The cases are challenges to the…