Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—January 13

 2019—Federal district judge Haywood S. Gilliam Jr. enters an order (in California v. HHS) blocking the Trump administration from implementing its rules creating a religious and moral exemption to the HHS contraceptive mandate.  

 A year and a half later, in Little Sisters of the Poor v. Pennsylvania, the Supreme Court will rule by a 7-2 vote that the Trump administration had authority to promulgate the rules. 

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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