I’ve read a couple of articles this AM that say the mandate will collapse over the SCOTUS decision-I can’t really see that from the explanations-am I missing something?
http://www.nationalreview.com/corner/381668/conestoga-and-hobby-lobby-aftermath-begins-matt-bowman
I was just reading this.
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In not only Hobby Lobby, but in Newland from the Tenth Circuit (the first injunction ever granted against the mandate), and Grote and Korte from the Seventh Circuit, the Courts of Appeals affirmatively concluded that the mandate is not supported by a compelling interest. This morning’s orders denying review in those cases leave in place this circuit precedent.
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Thus the Supreme Court’s decision not to rule on the mandate’s compelling interest is not a sign that it meets that test. It is a recognition that the Courts of Appeals have reached a consensus finding no compelling interest, and thus the Supreme Court has no need to decide that issue.