07-04-2014, 09:57 AM
The Supreme Court Hobby Lobby decision granted an exception to the ACA for religious beliefs that are not supported by any scientific evidence. Part of the reasoning Alito gave was that HHS had set up an exemption procedure for religious organizations. The procedure involves sending in a form to the government saying they don't want to comply with some particulars of the women's preventive healthcare mandate. And then yesterday SCOTUS doubled down, releasing an injunction on behalf of a religious college that even sending in the form is not required. The Ginsberg dissent warned that the majority opinion was not narrow and would allow nearly any religious belief to create an exemption to nearly any law.
So I wonder if Roger Christie can appeal his conviction based on Hobby Lobby? Just as SCOTUS and lower courts did not challenge the reality basis of the religious claims for exemptions, Christie would also not have to defend his professed belief that marijuana is a religious sacrament. Could be the Supreme Court has given him a way out.
So I wonder if Roger Christie can appeal his conviction based on Hobby Lobby? Just as SCOTUS and lower courts did not challenge the reality basis of the religious claims for exemptions, Christie would also not have to defend his professed belief that marijuana is a religious sacrament. Could be the Supreme Court has given him a way out.