Posted on 07/08/2020 7:40:52 AM PDT by knighthawk
Not entirely. They ruled that the administration met the notice and comment requirements of the APA but opted not to weigh in on the open-mindedness and reasoned decision requirements.
"We decline to evaluate the final rules under the openmindedness test."
The Court doesn't want to get into second guessing the regulators, but that won't stop people from bringing suit to force them to. And Kagen thinks the challengers could well succeed in the lower courts:
" I also write separately because I question whether the exemptions can survive administrative law’s demand for reasoned decisionmaking. That issue remains open for the lower courts to address."
Thank you. I expected Ginsburg, but Sotomayor has been a little more moderate on some things, so I was surprised by her.
God bless the Little Sisters of the Poor for suffering through all the legal trivia.
So happy.
Ginsberg and Sotomayor.
Does anypne know approximately how many employees the Little Sisters have? Ginsberg’s collectivist dissent makes it sound like denial of paid-for birth control for employees of the LSP affects millons. I can’t imagine the number is even in the hundreds, since they probably try to do most functions themselves.
At least they got this one right.
Obamacare was never about providing health care. That was just the McGuffin.
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