Why don't all these religious nonprofits choose Christian Brothers Services as 
their health insurer?  That way, certification or not, the employees will not 
receive the services to which the employer objects?  Something is missing from 
this narrative.


Sent from my iPhone

> On Jan 3, 2014, at 10:56 AM, Marty Lederman <lederman.ma...@gmail.com> wrote:
> 
> The government's brief in Little Sisters:
> 
> http://balkin.blogspot.com/2014/01/government-bref-in-little-sisters.html
> 
> 
>> On Wed, Jan 1, 2014 at 5:34 PM, Marty Lederman <lederman.ma...@gmail.com> 
>> wrote:
>> Another post, this one about the nonprofit cases that have now wound their 
>> way to the Court . . .
>> 
>> http://balkin.blogspot.com/2014/01/not-quite-hobby-lobby-nonprofit-cases.html
>> 
>> 
>>> On Mon, Dec 16, 2013 at 1:53 PM, Marty Lederman <lederman.ma...@gmail.com> 
>>> wrote:
>>> 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
>>> 
>>> 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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