Written by Don Byrd
While we wait for the Supreme Court to release the audio and transcript of today’s oral argument in the Hobby Lobby case (see earlier previews and thoughts here and here), I have been reading some recaps of those who were able to be in the chamber today. Some highlights are below… [UPDATE: The Supreme Court has released a transcript of the argument. You can read it here. Highlight quotes to come.]
At the Wall Street Journal’s liveblog, the most interesting reporting to come out of the argument today was the Chief Justice’s idea for a narrow ruling:
Chief Justice John Roberts suggested he was thinking of a narrow ruling allowing closely held companies like Hobby Lobby Stores Inc. to claim a religious exemption, while leaving aside more-complicated ownership structures of publicly traded corporations to another day — a position that Justice Stephen Breyer indicated he might, or might not, be open to.
SCOTUSblog’s Lyle Deniston emphasized that the 2 halves of the argument demonstrated the strong opinions splitting the court on this case.
The Supreme Court, in a one-hour, twenty-eight-minute session Tuesday, staged something like a two-act play on a revolving stage: first the liberals had their chance and Justice Anthony M. Kennedy gave them some help, and then the scene shifted entirely, and the conservatives had their chance — and, again, Kennedy provided them with some support.
…The “contraceptive mandate” in the new federal health care law, challenged under federal law and the Constitution, fared well in the first scene, and badly in the second.
The NYTimes’ Adam Liptak likewise reports that Justice Kennedy “probably holds the decisive vote.”
