Well if it does go to the Court, it will give us a chance to see just how far the Justices are willing to twist the First Amendment religion clause from its original meaning.
It provides that the Congress shall not establish a state religion. And it provides for the free exercise of one’s religion. It was intended to protect religious exercise from the government. There should not even be a need to provide waivers from not having one’s free exercise of religion restricted by the government.
And yet that’s what the HHS mandate does. It provides first, that only the HHS gets to determine who is religious enough to get a waiver, and then if you don’t get a waiver, you don’t get the free exercise of your religion.
So we’ve already come pretty far from the original intent. There are some on the secular left who would like to see the “free exercise of religion” abolished entirely, saying that religion should get no particular rights.