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Wednesday, January 29, 2014

Meta Contraception

Dahlia Lithwick attempts to peel the onion which is The Little Sisters' argument that opting out of the contraception mandate violates their religious freedom.  Sounds to me like they really just want everybody to follow their faith so they don't accidentally condone stuff they don't like.  I'd recommend they just opt out of civil society altogether and leave the rest of us alone.


January 29, 2014 in Constitution, Schmonstitution | Permalink


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They can just pay the damn "no health insurance" fine and be done with it.

Posted by: Snarki, child of Loki | Jan 29, 2014 11:44:33 AM

Reading what RMJ had to say on this it occurred to me that if the Supremes accept their arguments, on the basis of what they claim is valid, it will certainly force them to accept legal arguments based on Sharia law. And we all know who goes ape over that possibility.

Posted by: Anthony McCarthy | Jan 29, 2014 12:30:09 PM

They can just pay the damn "no health insurance" fine and be done with it.

They don't have to. Even the government, in pleadings and/or briefs to the court, admits the plan covering the Little Sisters is exempt from ACA, because it's covered by ERISA (which specifically provides a "religious exemption" for certain insurance plans).

That's what leads to Lithwick's confusion, I think. The plaintiffs don't have a legal injury here; why is this case still in court?

It's like the courts are telling the lawyers to stay in the round room until they stand in the corner. I don't get it, either.

Posted by: Rmj | Jan 29, 2014 12:35:11 PM

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