Thoughts on Burwell v. Hobby Lobby by Warren Meyer:
It seems that a huge number of Americans, even nominally intelligent ones, cannot parse the difference between banning an activity and some third party simply refusing to pay for you to engage in that activity. This really does not seem to be a complicated distinction, but yesterday I watched something like 40% of America fail to make it. How is it possible to make any progress on liberty and individual rights if people’s thinking is so sloppy?
It’s not. Although in some cases, based on my own observations, it’s less “thinking” than simple reflex.
I am minded of Justice Scalia’s concurrence in NEA v. Finley, 1998:
“Those who wish to create indecent and disrespectful art are as unconstrained now as they were before the enactment of this statute. Avant-garde artistes such as respondents remain entirely free to epater les bourgeois; they are merely deprived of the additional satisfaction of having the bourgeoisie taxed to pay for it.”
Some people didn’t comprehend that either.