I posted a couple times in the last 2 weeks on First Amendment free exercise clause attacks on Obamacare by companies (Michigan case discussed here; DC case discussed here; Christopher Robertson also recaps similar cases here).
Today, the Supreme Court surprised me a bit by re-igniting the Liberty University case and sending it back to the Fourth Circuit. (SCOTUS order here)
The prior opinion at the Fourth Circuit included several issues apparently settled by NFIB, but also a couple that weren’t discussed, including the employer mandate and religious freedom under the First Amendment and the Religious Freedom Restoration Act (RFRA). This gives the plaintiffs a chance to argue the contraception mandate issues raised in the Michigan, DC and other cases, perhaps speeding a path back to SCOTUS.
UPDATE: Tim Jost doesn’t think the 4th Circuit can consider the contraception mandate, as it was not argued below.
h/t to TPM & Sarah Kliff @ Wonkblog
@koutterson
