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In reply to the discussion: BREAKING: Supreme Court: Can't Make Employers Cover Contraception (Hobby Lobby Case 5-4) [View all]DonCoquixote
(13,950 posts)""This decision concerns only the contraceptive mandate and SHOULD NOT be understood to mean that all insurance mandates, that is for blood transfusions or vaccinations, NECESSARILY fail if they conflict with an employer's religious beliefs."
The reason I put this is caps...Should not and necessarily are weasel words. For ever should not, there is a lawyer that says should, and five people in the supreme court who will say should. It does not help that the Kocjes will throw dollar after dollar after case after case. Necesaasrily is a weak word, because it has all the certainty of "maybe."
as far as your lecture on stare decisis, let's break that down.
"By including the two above quoted qualifications, SCOTUS specifically excluded the possibility of subsequent parties claiming stare decisis for those two issues. "
and those qualifications were weak, and used lanmgiuage that was weak enough for any lawyer to twist. Do you really think words like "should not be understood to mean" that something will "necessarily fail" dopes not provide an opening?
As a paralegal, I can tell you, most lawyers would see your reasning and eat it for lunch.