I will try to write more clearly since so many posts seem to me at least to be
ships crossing at night.
I think it would help if we distinguish three things. There are burdens on
religious liberty which may not require justification under statutory law or
constitutional law but which might
The application of strict scrutiny, and its outcome, would seem to be different
from Lee. To the chagrin of many who would have liked a system of universal
social/medical insurance, the ACA does not create such a system. Through a
complicated combination of provisions, it both builds on top of
Having processed this rich conversation, I find myself convinced that a)
the objecting religious institutions see themselves as burdened by these
rules, and that government should not second-guess that determination, but
b) the question of substantiality has to be for the government under some
