Subverting the Supreme Court

Michie

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COMMENTARY: Hardline secularists are confident that, one way or another, they can outmaneuver the highest court in the land.

The Supreme Court’s current term will soon come to an end. We’re likely to see victories for a Christian wedding-website designer with traditional views on marriage and a Sabbatarian Christian mailman who cannot work on Sundays.

Progressive politicians and their media allies are getting ready to throw a fit. Their ritualized outrage every time the Court defends religious freedom has become so predictable that it’s tempting to ignore it. After all, the Court has the final say, doesn’t it?

Not so fast.

The more often the Supreme Court protects our religious freedom — and it’s done so fairly consistently in the last few years — the more energy and money the doctrinaire left pours into its attempts to subvert the Court’s rulings. Hardline secularists are confident that, one way or another, they can outmaneuver the highest court in the land. And at least some of this confidence is justified — because, sad to say, they have the federal government on their side.

Here’s a classic example of their sneaky tactics: The Little Sisters of the Poor, a religious order of nuns dedicated to serving the elderly poor, remain vigilant in protecting their employee health-insurance plans from the bloody hands of the abortion industry.

Following a 2016 directive from the Supreme Court, the Trump administration crafted commonsense rules exempting entities with religious or moral objections from the demands of the Affordable Care Act’s “Contraceptive Mandate.” The product of agency regulation during the Obama administration, the mandate directs covered employers to offer health insurance for women’s birth control, including abortifacients. In 2020, the Supreme Court allowed the religious and moral exemption rules to stand.

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