How straightforward statutory interpretation affects the Hobby Lobby case

We know that the parade of horribles trotted out by the government to deny Hobby Lobby’s RFRA rights includes exactly the ones relied on by the Court in Employment Division v. Smith. By enacting RFRA, Congress plainly regarded the parade of horribles as imaginary. So we know that, as a matter of simple statutory interpretation, RFRA’s reach shouldn’t be stunted by the government’s Chicken Little act.

The Real Parade of Horribles in the Hobby Lobby Case

Oral arguments in Sebelius v. Hobby Lobby revealed a different, and genuine, parade of horribles that merits attention. Under questioning from Justice Kennedy, the Solicitor General was forced to admit that the Administration’s argument, if accepted, would mean that an abortion mandate could be imposed on for-profit corporations.

The Hobby Lobby Case and Separation of Powers

HHS claimed the power to make a religious exemption, but a narrow religious exemption of its own choosing—not a broad religious exemption designed to comport with the Religious Freedom Restoration Act enacted by Congress. That’s a deeply troubling result not only for those who care about religious freedom, but for those who care about our constitutional separation of powers.

In Sebelius v. Hobby Lobby, the Greens display the family values that built America

From the Declaration of Independence through the Revolution, the Civil War through the civil rights movement, Americans have frequently been willing to fight back and assert their rights when overzealous governments tried to take them away. That’s still happening today. The owners of Hobby Lobby and Conestoga Wood Specialties took their turn recently, when their lawyers argued before the Supreme Court.

HHS Mandate v. Religious Liberty

The Affordable Care Act returned to the Supreme Court on Tuesday, as the Justices heard a major challenge to the law’s birth-control mandate. Five and maybe even six Justices across ideological lines seemed discomfited by the Administration’s cramped conception of religious liberty.