While it is certainly good news that the Little Sisters of the Poor won (for now) the right to be free from Obamacare’s so-called “contraception mandate,” one can make the case that the Sisters’ Wednesday victory should have been more sweeping.
In fact, not even the concurring opinion by Justice Samuel Alito (joined by Neil Gorsuch), which would have given a more conclusive victory to the Sisters, would completely satisfy religious-liberty near-absolutists such as I am. For an entirely salutary result, the Supreme Court would need either to reinterpret or at least partially overturn one of the few ill-advised decisions of the late Justice Antonin Scalia.
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