Again, these legal decisions have no basis in the law or reason. This is from Glenn Reynolds
The Tenth Circuit’s contortions to reach this result are remarkable. The court seems to have no recognition of the fact that the Obama Administration’s regulatory “accommodation” is a sleight of hand, allowing the insurer/third party administrator to move the contraceptive coverage “off the books” and “pay” for it themselves. But of course burdening the insurer/administrator in this fashion is merely a shell game, and the cost of contraceptive coverage is ultimately borne by the employer and individual beneficiaries. The coverage is not magically free, no matter how hard the Obama Administration tries to make it “look” free via regulation.
So now we have Catholic nuns who religiously object to paying for certain types of contraception being forced to do so anyway (despite the smoke and mirrors), in contradiction to the Religious Freedom Restoration Act (RFRA) and the Free Exercise Clause of the First Amendment. The founders would be rolling over in their graves. But hey, what a bunch of dead, old white guys who wrote and ratified the Constitution thought or wanted isn’t relevant anymore anyway, right? We shall see. The Supreme Court may grant review to hear the Little Sisters case again.