Ann Althouse goes after Jeffrey Toobin's account of the oral arguments in the Hobby Lobby case. An excerpt:
How can you write about the Hobby Lobby case without mentioning the Religious Freedom Restoration Act? It's blatantly, atrociously deceptive. Toobin proclaims that "The issue in the case is straightforward." Yeah, I guess it is when you don't bother to mention the statute the claim is based on. Toobin mentions the other statute, the Affordable Care Act itself, and he asserts that it "requires employers who provide health insurance to their employees to include coverage for contraception." Well, actually, no, it doesn't! Congress did not take the political heat of dealing with contraception (which includes some methods some people think are abortifacients). Congress avoided that static as it pushed through a law by the narrowest possible margin. It left it to HHS to make the regulations that are under consideration.
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