Specifically addressing the comment by Justices Kagan and Sotomayor, Hawley says the compelling interest standard "would likely work to defeat many other religious objections," including for blood transfusions and vaccines, because "the government could almost certainly show that it had a compelling interest in requiring businesses to pay for life-saving procedures and treatments, including antibiotics." Hawley notes the RFRA, signed by President Bill Clinton, has been on the books since 1993 and there has not been a flood of civil exemptions.
Justice Anthony Kennedy may have come up with the best compromise. He asked Clement why Hobby Lobby could not drop health insurance altogether, pay the fine and increase salaries of their employees so each could buy health insurance that fits their needs.
Come to think of it, that approach makes sense for everyone. Unfortunately, it is not the one-size-fits-all approach of the Obama administration, its Affordable Care Act and its apparent march toward a single-payer health plan, which is and always has been the liberal left's goal.
Caesar needs to get back on his side of the church-state line, which the left freely invokes when it claims the church is trespassing on the state's territory. Secular progressives seem less concerned when the state crosses the line in the other direction and seeks to impose its will on people of faith.
It's going to take a Republican Congress and a Republican president with courage and a new health insurance plan to repeal Obamacare and start over with real reforms that protect religious believers and enhance health care.
Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
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