• Don’t Be So Quick to Buy into ‘Compromise’ Talk

    by  • February 10, 2012 • Conservative Bloggers News Feed, General • 0 Comments

    There is no lawful compromise to the HHS mandate. The indispensable Ed Whelan writes :  Word is that the White House today will float some sort of supposed “compromise” version of the HHS contraceptive mandate. There is only one revision that will satisfy the  clearcut command  of the Religious Freedom Restoration Act (and a correct application of the Free Exercise Clause, even post- Employment Division v. Smith —see last point  here  ): Any employer with a religious objection to providing coverage for contraceptives and/or abortifacients must be free to opt out of providing such coverage. The employer’s ability to do so can’t be conditioned on whether he is operating a “religious” organization. The government can then pursue any of various other means to provide contraceptive services to affected employees—means that …

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    Don’t Be So Quick to Buy into ‘Compromise’ Talk

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