Thank you, George Will.
In the ACA, Congress simply required health plans to provide "preventive care" for women. An executive branch agency decided this meant the full menu of 20 technologies. So, during oral argument in March, Justice Anthony M. Kennedy asked: "What kind of constitutional structure do we have if the Congress can give an agency the power to grant or not grant a religious exemption based on what the agency determined?"
The answer is: The constitutional structure we have is the kind progressives prefer, wherein more and more decisions are made by unelected and unaccountable executive-branch "experts" exercising vast discretion. In this instance, the experts were, to say no more, willing to provoke a predictable controversy that would be convenient for the Democratic Party's "war on women" trope. Today, this war consists of subsidizing only 16 of 20 birth control methods. The court has held that some "closely held" businesses — often family-owned and adhering to religious practices — have a right under RFRA to wage this war.
The answer is: The constitutional structure we have is the kind progressives prefer, wherein more and more decisions are made by unelected and unaccountable executive-branch "experts" exercising vast discretion. In this instance, the experts were, to say no more, willing to provoke a predictable controversy that would be convenient for the Democratic Party's "war on women" trope. Today, this war consists of subsidizing only 16 of 20 birth control methods. The court has held that some "closely held" businesses — often family-owned and adhering to religious practices — have a right under RFRA to wage this war.
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