Big D.C. Circuit loss for religious nonprofits in contraceptives mandate cases

A three-judge panel of the D.C. Circuit unanimously rejected all RFRA, APA, and constitutional challenges to the federal contraceptives mandate brought by a collection of religious nonprofits. Judge Pillard wrote the opinion for the court in Priests for Life v. HHS, in which Judge Rogers and Judge Wilkins joined. 

There is much to consider in the 86-page opinion. But from an initial review, the opinion seems to be the best that the government could have hoped for. On the RFRA claim, for example, the panel not only concludes that the mandate imposes no substantial burden because of the "accommodation" for non-exempt religious nonprofits, but also goes on to conclude that the government's scheme is the least restrictive means of advancing a compelling government interest. The main problem for the government, though, is that the opinion reads much more like Justice Ginsburg's Hobby Lobby dissent and Justice Sotomayor's Wheaton College dissent than Justice Alito's opinion for the Court in Hobby Lobby.  

(Note: Because I serve as counsel in a similar case that remains pending, I have tried to steer clear from getting too deep into blog analysis and criticism. I plan to maintain that course with respect to this opinion as well.)