Justice Department Files Response Following New Year’s Eve Injunction
Written by Don Byrd
Written by Don Byrd
Written by Don ByrdThe San Francisco Chronicle’s Bob Egelko reports on the likely arguments in next year’s Supreme Court contraception mandate hearing and the potential reach of any decision in the case.
Written by Don ByrdThe U.S. Supreme Court announced today it will hear the appeal in two cases involving religious objections to the contraception coverage mandate in the Affordable Care Act.
Conceivably, resolving these two cases will give the Court the opportunity to answer the question of a corporation’s capacity to exercise religion. If the answer is yes, they likely would wade into the question of whether the mandate substantially burdens that exercise and whether the government’s interest in the case is a compelling one that requires the mandate’s application to all for-profit corporations.
Written by Don ByrdThe Huffington Post pondered last week whether Supreme Court Justice Breyer might be an atheist, given a remark he made during the Court’s recent oral argument over the constitutionality of a city council’s opening prayer policy. Today they add to the discussion with a piece noting a split in public support for the idea of an atheist Supreme Court justice, according to a new poll. By 40-38 margin, Americans apparently would approve of the nomination of an atheist to the high court.
It’s nice to see that only 38% of Americans believe such a thing matters. The religion of a judge is clearly irrelevant to their effectiveness on the bench, even on matters relating to religion. We should be much more concerned about a nominee’s understanding of the relationship between church and state than their personal religious beliefs.
So what is the big deal about Justice Breyer?
Written by Don ByrdYesterday, the Supreme Court hear arguments in a church-state case involving legislative prayer, their first case on the issue in 30 years. You can read the entire transcript here. I’ve pulled out some of my the highlights below.