RE: Two more Hobby Lobby posts

2014-06-15 Thread Alan Brownstein
g something here, but I'm not sure what it is. Alan From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Marty Lederman [lederman.ma...@gmail.com] Sent: Sunday, June 15, 2014 3:19 PM To: Law & Religion issues for La

Re: Two more Hobby Lobby posts

2014-06-15 Thread Marty Lederman
Thanks for that extremely thoughtful response, Alan. I think you're onto something important: I imagine that even if the S&P report is correct, and many employers will drop their health care plans in the coming years, there is a definite "first mover" phenomenon at work -- that is to say, the mai

RE: Two more Hobby Lobby posts

2014-06-15 Thread Alan Brownstein
One issue underlying Marty's very effectively presented argument about the absence of an employer mandate is what counts as the kind of substantial burden that warrants legal attention. Marty suggests that plaintiffs in Hobby Lobby need specific allegations and ultimately some direct proof to de