Why Is The Religious Freedom Restoration Act Often Ignored In HHS Mandate Birth Control Discussion

That seems to be a curious , and often sad trend among much commentary we are seeing written. Law Prof Thomas Berg , a expert in these matters, notes a case of this again. See There's Much More to the Contraception-Mandate Litigation Than the Smith Case

The U.S. Supreme Court 's Smith Case is important but the Religious Freedom Restoration Act , which a very bipartisan piece of Legislation, was passed in response to the Smith case. Nothing is a slam dunk of course. The Act has parts that not have been tested in the Courts in all respects. Still it' s some major law and is very much at play. It's almost like some don't want to talk about it which is strange since it's a rather big deal as to the matter at hand.