October 2, 2012
Judge Carol Jackson, who was named to the bench by President George H.W. Bush, ruled against a private, for-profit employer who had brought suit against the HHS contraception mandate. This is the Taco Bell issue, although the plaintiff in the case was not Taco Bell. ThinkProgress has the story here. I do not share ThinkProgress's seeming excitedness at the fact that the judge ruled RFRA did not apply; these issues are tough issues, and are not easy. And, the fact that a state court reached a similar conclusion is completely beside the point. I still contend, and hope, that the courts will find RFRA more applicable when it comes to the suits brought by specifically religious institutions.
