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The Little Sisters of the Poor Just Beat the Obama Administration at the Supreme Court

Last edited 17th May 2016

The Little Sisters of the Poor Just Beat the Obama Administration at the Supreme Court

While the consensus view seems to be that the Supreme Court “punted” today by sending the Little Sisters of the Poor case back to the lower courts, I must respectfully dissent. Although the Court didn’t rule on the merits of the case, the Little Sisters won a significant victory — one that is likely (though not yet certain) to persist through the next administration.

First, the Supreme Court vacated the lower court ruling holding that the Little Sisters had to facilitate access to contraceptives and denied that the mandate substantially burdened their religion. Speaking as a person who’s argued a few cases in courts of appeal — when the court vacates the ruling you’re challenging, that’s a win.


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