The Road to Zubik, Incoherence, and Indecision

Today the Court avoided ruling on the merits in Zubik v. Burwell, a case pitting religious beliefs against government healthcare mandates, by sending the case back down to the lower courts with a per-curiam opinion.  This was one of the most anticipated rulings of the Term and so this decision is perceived as a letdown for…

Zubik and the Free Exercise Context

(image via The Atlantic) One of the most anticipated decisions of the current Supreme Court Term is forthcoming in the case Zubik v. Burwell.  Zubik follows in the footsteps of another recent case: Hobby Lobby v. Burwell, 134 S.Ct. 2751 (2014).  Both cases deal with First Amendment challenges under the Religious Freedom Restoration Act (RFRA) to…

Analysis of the Zubik Arguments

What was said over the course of the 90 minute the oral arguments today in Zubik? Quite a bit. Commentators seem to think the Justices may split their votes four to four (e.g. Adam Liptak from the New York Times) with the Justices predominately to the right: Kennedy, Alito, Thomas, and Roberts voting that the…