I’m reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg’s opinion: “A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion , or infringed on a liberty interest protected by the Due Process Clause.”
Has anyone cited this passage in briefs challenging the contraceptive/abortifacient mandate? Does anyone believe that Justice Ginsburg would vote to strike down the mandate when it comes before the Court?
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