The Government’s Weak Response to the Little Sisters

One of the country’s leading First Amendment scholars thinks the government’s answer to the Court’s follow up question to the Little Sisters is weak.

I agree.

Professor Michael McConnell’s analysis (appearing in the Washington Post):

“The government’s position in Zubik v. Burwell, the contraceptive mandate case, just got weirder. It is increasingly difficult to understand why the government has been litigating so long and so hard to force the Little Sisters and other religious organizations to perform acts they regard as contrary to their faith, when it now admits (however grudgingly) that it all was unnecessary.”

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