Howard Friedman, Religion Clause.
After yesterday’s [28 June 2012] historic decisions, the U.S. Supreme Court today denied certiorari (Order List) in other cases involving challenges to the Patient Protection and Affordable Health Care Act. The petition for certiorari (full text) in at least one of those cases, Docket No. 11-679, Seven-Sky v. Holder, had raised a free exercise challenge to the ACA. In the case, the D.C. Circuit Court of Appeals had given short shrift to challengers’ Religious Freedom Restoration Act argument, holding that appellants had “failed to allege facts showing that the mandate will substantially burden their religious exercise.” (See prior posting.) For a lengthier discussion of free exercise challenges to the individual mandate, see my posting from yesterday.