DOJ’s Round-Two Brief in HHS Mandate Cases—Part 1 | National Review Online

DOJ’s Round-Two Brief in HHS Mandate Cases—Part 1 | National Review Online: "Even worse, in the course of making its argument, DOJ shows that it simply can’t be trusted:



 a. DOJ falsely claims, “There is no indication in RFRA’s text or legislative history that Congress meant the statute” to afford religious-liberty rights to for-profit corporations (p. 19). But the amicus brief filed by law professor Douglas Laycock (on behalf of the Christian Legal Society and other religious- and civil-liberties organizations) exhaustively demonstrates what the amicus brief of the Ethics and Public Policy Center also shows—namely, as Laycock puts it, that “Congress explicitly understood RFRA to protect for-profit corporations and their owners.” There is nothing in RFRA’s text that excludes for-profit corporations from its protections. And DOJ doesn’t even acknowledge, much less try to explain away, the express statements in a House report that make clear that RFRA applies to for-profit corporations. (See Christian Legal Society brief at 20; EPPC brief at 12.)"



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