An irresponsible sentence that Justice Samuel Alito wrote eight years ago may now excuse religious people from nearly every legal obligation they have, so long as a hypothetical, nonexistent government program could substitute for it.

That became clear this week when Judge Reed O’Connor declared in Braidwood Management v. Becerra that employers with religious objections may offer health plans without drugs that prevent transmission of HIV, contraception, the HPV vaccine and screenings and behavioral counseling for STDs and drug use. The employers claim that providing such coverage makes them complicit in homosexual behavior, drug use and sexual activity outside of marriage.

The plaintiffs obviously were shopping for a favorable judge when they brought their case to O’Connor, who has repeatedly stretched the law in ways that disrupt ObamaCare. Here, however, his extravagant…Read More

Andrew Koppelman, John Paul Stevens Professor of Law at Northwestern University, is the author of “Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed” (St. Martin’s Press, forthcoming). Follow him on Twitter @AndrewKoppelman.