The 10th Circuit Takes a Detour to a Win for Hobby Lobby

The news from the 10th Circuit is good, as far as it goes. A unanimous eight-judge panel ruled last Thursday that Hobby Lobby should not have to pay $475 million in fines to the extortion racket known as ObamaCare while it challenges the constitutionality of the Health and Human Services abortion pill mandate. That's good because eight judges instead of three is unusual, and a unanimous decision is more unusual still. The court's reasoning also provides hope: it seemed to steer away from the treacherous free exercise clause, arguing that since the Supreme Court has upheld the right of corporations to engage in political speech, it would hardly make sense to deprive them of the right of religious speech. This shift from free exercise to free speech has occurred before. For instance, in West Virginia State Board of Education v. Barnette [319 U.S. 624 (1943)] Jehovah's Witnesses refused to participate in a public school flag ceremony on religious grounds; but the Supreme Court ruled in...(Read Full Article)