Will Justice Anthony Kennedy side with the Little Sisters of the Poor? â??Yesâ? is the consensus conclusion from yesterdayâ??s oral argument in Zubik v. Burwell, the case to determine whether the government can require religious non-profits that wish to opt out of the Affordable Care Actâ??s contraception mandate to sign a waiver naming their insurance company or administrator.
The conclusion turns on the use of the word â??hijackâ? by opponents of the governmentâ??s position to describe the ACAâ??s getting Zubik et al.â??s insurers to provide the contraception coverage free of charge. At one point Kennedy, in the words of Scotusblogâ??s Lyle Dennison, â??deployed that word in obvious sympathy to those institutions.â?
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