While the consensus view seems to be that the Supreme Court “punted” today by sending the Little Sisters of the Poor case back to the lower courts, I must respectfully dissent. Although the Court didn’t rule on the merits of the case, the Little Sisters won a significant victory — one that is likely (though not yet certain) to persist through the next administration.
First, the Supreme Court vacated the lower court ruling holding that the Little Sisters had to facilitate access to contraceptives and denied that the mandate substantially burdened their religion.
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