Huzzah for separation of powers! It could have been 4-5, but today the U.S. Supreme Court ruled, 5-4, in favor of Hobby Lobby and the companion parties, establishing a precedent for religious liberty and deconstructing key elements of the HHS Contraceptive Mandate. A win:
Because RFRA applies in these cases, we must next ask whether the HHS contraceptive mandate “substantially burden[s]” the exercise of religion. 42 U. S. C. §2000bb–1(a). We have little trouble concluding that it does.
Arrogating the authority to provide a binding national answer to this religious and philosophical question, HHS and the principal dissent in effect tell the plaintiffs that their beliefs are flawed.
The Republic is not completely dead. It still raises its head and issues a roar from time to time. The entire decision is available here.