Backward Mutters

Despite the frivolity, I feel a sharp pang of shame whenever I remember that story. I know people who, when similarly in the wrong, can easily convince themselves the episode never happened; often, I envy them. Because who doesn’t want to be forgotten at times? Often, though, even when we…

But this case was never really about health policy. It isn’t really even about the ACA, except peripherally. This case is about the politics of recognition: it is about recognizing conservative religious claims that (a) contraceptives are different from other forms of health care (an issue the Court somewhat finesses…

As Justice Alito’s opinion emphasizes: “The effect of the HHS-created accommodation on the women employed by Hobby Lobby and the other companies involved in these cases would be precisely zero. Under that accommodation, these women would still be entitled to all FDA-approved contraceptives without cost sharing.” In light of this,…