In an almost unprecedented move, five federal judges issued an opinion sharply criticizing their court’s refusal to correct its recent decision that would force the Little Sisters of the Poor to assist the federal government with its contraception distribution plan. The opinion criticizes the decision against the Little Sisters as reflecting a “dangerous approach to religious liberty,” noting that the reasoning of the court could be used to second-guess the religious beliefs of any faith, including religious minorities like Jews requesting a kosher diet. The five judges added, “Fortunately, the doctrine of the panel majority will not long survive. It is contrary to all precedent concerning the free exercise of religion.”
