Barry Lynn talks Hobby Lobby on Point of Inquiry (Pt 8)

Q::  Hobby Lobby and the other cases coming before the SCOTUS (the Conestoga Wood Specialties Corp) are arguing that this violates their religious beliefs because certain birth control technologies [in their view] cause abortions; but that is very much against the consensus of the medical community.  Does that make any difference in terms of the likelihood of them prevailing whether or not their empirical claim is true?

A straightforward statement by Lynn, stick to the RFRA and the evidence of this case, and all will be as it should:

"I don't think it is likely the SCOTUS will decide this on the basis of competing scientific claims.  And by competing claims I mean there are 95% of the people on the side that say that these methods of birth control do not induce abortion, they do not prevent implantation of a fertilized egg.  But the 5% of scientist/biologists on the side of the Right-to-Life movement, for example, they will argue that the science supports the idea that IUD and the morning-after pill and everything they don't like, is in fact abortion inducing, an abortifactant."

An important point is made here by Lynn, Roe v. Wade (1973) is still the law of the land. 

"I don't think the SCOTUS will honestly resolve that scientific question.  I think they are going to say as long as this is a medical procedure which is permitted by law, we haven't overturned Roe v. Wade (although the same people on the opposite side of us in the HL case would love us to repeal Roe v. Wade).  But as long as it is a right, that can be attained by people, I think they will look and see whether you can make a credible case, that a company has a corporate conscience, and that conscience is more important than the moral decision making of individual women."

"That's where the rubber will hit the road, they will interpret the RFRA.  I they interpret it broadly and beyond the scope of anything that was intended, then HL will win.  If they interpret it the way all the evidence suggests (and my personal experience of this statute indicates is true) then people like us will prevail."