| > That law limited religious freedom. Well, sure, in that it allowed powerful private entities to engage in religious discrimination adversely affecting the practical religious freedom of less powerful entities and individuals, but in terms of government power, it limited government action more than it was prior to the law (which is why the right pushed it). > It says that if you can prove a compelling interest, and can prove a law is the least restrictive way to do something, you can do it even though it steps on a person's constitutional right to free exercise No, it didn't. It said that if you couldn't do that, you couldn't enforce a law affecting religious exercise; it didn't allow government anything that was previously prohibited. (This, in practice, tightened the standards on government from what had been established in case law. > Medicaid and Obamacare are not legal programs to begin with in a strictly constitutional sense. Ruling that either the ACA as a whole or Medicaid was unconstitutional would be, while both radically inconsistent with generations of case law and hard to justify textually, at least coherent. Ruling that it was constitutional for Congress to establish Medicaid, initially set standards for participation, fund it by annual appropriations, and set new standards and funding, but not apply the new standards to states that wanted to continue operating under the old standards and only take the share of funding that was attributed to the caseload which would be covered by the old standards was completely incoherent from any perspective related to applying any kind of Constitutional principal, and clear and unmistakeable arbitrary legislation from the bench. |
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"b. Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person—
(1) is in furtherance of a compelling governmental interest;
and
(2) is the least restrictive means of furthering that compelling governmental interest."
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This is much less binding than the first amendment: "Congress _shall make no law_ respecting an establishment of religion, or prohibiting the free exercise thereof"
The constitution provided no exceptions whatsoever. By definition, a law which adds exceptions has moved the bar textually. It is, by definition, unconstitutional.
Again, it was a bad move by conservatives using liberal laws to protect themselves, rather than just pushing for conservative laws.