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Prof. Michael McConnell in The Washington Post; subscription may be required
Apr. 13, 2016
"The government's position in [Zubik v. Burwell] just got weirder. It is increasingly difficult to understand why the government has been litigating so long and so hard to force the Little Sisters and other religious organizations to perform acts they regard as contrary to their faith, when it now admits (however grudgingly) that it all was unnecessary.... What did the government do in its supplemental brief? It hemmed and it hawed. It complained about the question, then it said no, then it said yes, then it spent pages asking the Court to do certain things if it lost. Meanwhile, the petitioners responded in their first paragraph: 'The answer to that question is clear and simple: Yes.' "
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