The cases challenging the Affordable Care Act’s contraceptive mandate challenge the conservative majority on the Court: Will they respect precedent if it pushes them toward upholding the mandate, or brush by it in their eagerness to carve out a religious exception?” Last week, I pointed out a Burger-era precedent, United States v. Lee, that should dispose of the case entirely. But to today’s conservatives, the Burger Court is so, well, 20th century. My own sense of this Court is that the majority may be willing to junk its jurisprudence in their eagerness to gut the Affordable Care Act.
But here’s a tougher question: Will the majority abide by its own precedent?
If so, Hobby Lobby and the other challengers don’t even get out of the starting gate. The Burger, Rehnquist, and Roberts Courts have all been clear: These plaintiffs have not suffered any injury worthy of redress under the Constitution.
Read more. [Image: American Life League/Flickr]