Catholic Charities and Contraception Coverage

Like Rick, I think it is no surprise that the Supreme Court refused cert. in the Catholic Charities case, just as the decision of the California Supreme Court was no surprise. (Given the Supreme Court's decision in Smith, it is hard to see how the court could have come out otherwise.) Nonetheless, I agree that the decision creates difficult and important issues. I published a short essay discussing these issues at 43 Catholic Lawyer 169 (2004). My more detailed discussion of those issues will appear in a forthcoming issue of the Harvard Journal of Law and Public Policy. The current version of that piece has just been posted here.