“Hijacking, evidently, is this year’s broccoli”

By Gregory M. Lipper

Linda Greenhouse has another must-read column about the Supreme Court contraception cases, and she predicts that the religious objectors will reject the compromise proposed by the Court in Tuesday’s order requesting supplemental briefing:

Would opt-out-without-notice serve just as well? If women would still get their coverage, probably it would. Will the religious interests resist taking “yes” for an answer, as they have from the beginning of this litigation?

Probably they will, because they are after bigger game: getting the Supreme Court to interpret the Religious Freedom Restoration Act to mean anything they say it means.

Relatedly, I discussed (along with Jeffrey Rosen and Michael Moreland) both the Zubik oral argument and supplemental-briefing order, on the National Constitution Center’s We the People podcast; you can listen here.

Greg Lipper (@theglipper) is Senior Litigation Counsel at Americans United for Separation of Church and State.

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