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
In the interest of collecting arguments related to Hobby Lobby, here are links
to some posts that Nelson Tebbe, Richard Schragger, and I have written on
Establishment Clause arguments related to the case:
The Establishment Clause and the Contraception Mandate
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
I also thought that Marty's argument that there is actually no employer mandate
for RFRA purposes was extremely thoughtful and interesting.
I thought about this analogy while considering his analysis. Suppose the
federal government decides to return to a system of conscription that includes
