I have been thinking about this. As a result of today’s decision that the individual mandate is a tax, the HHS contraceptive/abortofacient mandate is more likely to survive SCOTUS review.
Why, you say?
Because now that SCOTUS has turned the law on its head and declared it a tax, it undercuts objections to the HHS mandate.
Now the Obama administration can make the argument that you don’t have to buy a healthcare policy, if you object on religious or any other grounds, fine. Just pay the tax. Not a penalty, a tax. As we all know, there are no recognized religious objections to paying your taxes. If this merely a tax now, there is no reason to object to it.
I fear that the twisted logic employed by Justice Roberts to make this a tax even in defiance of the expressed comments of its authors, he has doomed any hope of us protecting our religious liberty as well.
Remember, this is an individual liberty issue at its core even though we speak mostly of institutions. I think Roberts just doomed us again.