Rick, I understand the first part -- on which much of the disagreement has centered. (One can make the distinctions some are advocating, but should one is the hard part (for some). Drawing the line elsewhere makes more sense to others of us.)
But I'm not sure how the second part works. If a court decides (or society decides) that giving insurance benefits mandated by the government is not "cooperation with evil," then doesn't the substantial burden evaporate? Because isn't that what the erstwhile substantial burden is? So isn't this properly to be decided on the predicate which the adherent has the burden of proving and not on the strict scrutiny which places an insurmountable burden in many instances on the government? Steve On Oct 2, 2012, at 8:17 AM, Rick Garnett wrote: > But, as others have pointed out, the compelled-insurance-coverage context is > (the district court's ruling notwithstanding) at least distinguishable and, > it seems to me, rises to the level of a "substantial burden! > " -- even if, ultimately, one concludes that complying with the mandate does > not amount to culpable "cooperation with evil" and even if, ultimately, one > concludes that it is a justifiable and unavoidable (given the "compelling > interest", etc.) one. -- Prof. Steven D. Jamar vox: 202-806-8017 Associate Director, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://iipsj.com/SDJ/ “Enjoy the little things, for one day you may look back and realize they were the big things.” Robert Brault _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
