I much appreciate Marty's kind words about my posts, and I'm
very interested in his posts. The argument that there's actually no employer
mandate for RFRA purposes (the Part III post) strikes me as especially
interesting, though I'm somewhat skeptical about it. Marty, could you post an
excerpt of that post on this list? I'd love to hear what others have to say
about it. Thanks,
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Monday, December 16, 2013 10:53 AM
To: Law & Religion issues for Law Academics
Subject: Hobby Lobby posts
Since no one else has mentioned it, I will:
Eugene recently published a remarkable series of posts on the case -- so much
there that virtually everyone on this listserv is sure to agree with some
arguments and disagree with others. It's an amazing public service, whatever
one thinks of the merits. He and I turned the posts into a single, 53-page
(single-spaced!) Word document for your convenience:
www.volokh.com/wp-content/uploads/2013/12/hobbylobby.docx<http://www.volokh.com/wp-content/uploads/2013/12/hobbylobby.docx>
I've just started my own series of posts on the case on Balkinization -- links
to the first three below. The second is about the thorny
contraception/"abortifacient" issue (nominally) in play in the two cases the
Court granted. In the third post, I endeavor to explain that the case is
fundamentally different from what all the courts and plaintiffs (and press)
have assumed, because there is in fact no "employer mandate" to provide
contraception coverage.
http://balkin.blogspot.com/2013/12/hobby-lobby-part-i-framing-issues.html
http://balkin.blogspot.com/2013/12/hobby-lobby-part-ii-whats-it-all-about.html
http://balkin.blogspot.com/2013/12/hobby-lobby-part-iiitheres-no-employer.html
Thanks to those of you who have already offered very useful provocations and
arguments on-list; I'd welcome further reactions, of course.
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