Prof. Mark Rienzi: A good day for Hobby Lobby

The Volokh Conspiracy ^ | June 30, 2014 | Eugene Volokh

[right-wing agnostic]

Prof. Mark Rienzi, who won last week’s McCullen v. Coakley, and who litigates together with the Becket Fund for Religious Liberty, has these thoughts on Hobby Lobby; I thought our readers would be interested in them, so I’m passing them along. (Please note that these are Prof. Rienzi’s thoughts, on behalf of the Becket Fund, not my own.)

* * * Here are a few initial thoughts on today’s decision in Hobby Lobby from the perspective of a law firm — The Becket Fund for Religious Liberty — that has been litigating these cases against the Department of Justice across the country for almost three years, and was counsel for Hobby Lobby in this case. First I offer some highlights from the opinions by Justice Alito and Justice Kennedy, and then I point out some near-term effects on religious liberty litigation. Today’s decision is a landmark in many respects:

[right-wing agnostic]

I'm ECSTATIC with the decisions the U.S. Supreme Court rendered in Burwell v. Hobby Lobby and Conestoga Wood Specialties Corp. v. Burwell!! Considering the wide-ranging implications of these decisions, the fretting nature of Ruth Bader Ginsburg's dissent (having wide- raging implications, that is) may come to pass. I LOATHE LIBERALS WITH EVERY FIBER OF MY BEING and for them to apoplectic about these decisions is a very good thing!!/rwa

[LS]

Based on this guy’s analysis, this case was much broader in its implications than many thought, including many on our side. When combined with the anti-union decision yesterday, the Court landed an uppercut and a solid left, though certainly not a knockout blow to big-government activities. It is still troubling that the USSC seems to limit freedom broadly then provide exceptions narrowly, which must be reversed.