Supreme Court Protects the ACA but Not Same-Sex Couples
This is what happens when a bunch of bad precedent piles up.
The Supreme Court handed down two big decisions today. First, the Court rejected an attempt by conservative attorneys general to declare the Affordable Care Act as unconstitutional. But don’t get too comfortable, law nerds. There’s more to this decision than meets the eye.
Then the Court declared that the city of Philadelphia must contract with a foster care agency that refuses to certify same-sex couples. What’s even more shocking is that Justice Elena Kagan signed on. And so did Justice Stephen Breyer. And so did Justice Sonia Sotomayor!
What gives? How can all of Court’s liberal justices have signed onto this requirement to certify an agency that discriminates? Well, on this rapid reaction episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy have some answers. And what those answers say about the state of case law protecting so-called “religious freedom” is as fascinating as it is alarming.
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