“Hijacking” is what a long list of religious institutions that object for reasons of faith to contraceptive methods have used to describe what they say the federal government will do to their health-care plans as it moves toward providing free birth control to those institutions’ female employees and college students...Kennedy's use of the word may suggest that he will not vote with the Hobby Lobby dissenters, and the prediction would be that there will be a 4-4 tie, setting no precedent and leaving the results from the Courts of Appeals in place. That is, the government's accommodation would work in most states but not in Arkansas, Iowa, Minnesota, Missouri, Nebraska, and North and South Dakota — the 8th Circuit.
Four Justices remain from the majority... in the ruling two years ago... [in] Burwell v. Hobby Lobby Stores... [Justice Kennedy, one of the 4, wrote a separate opinion endorsing] the technique the government had used for non-profit religious institutions, to allow them to opt out of the birth-control mandate, and suggested it would work for for-profit companies, too. But that is the very “accommodation” approach that, on Wednesday, he labeled a form of “hijacking” of non-profits’ health plans....
March 23, 2016
The "startling moment" in the argument about Obamacare and religious accommodations when Justice Kennedy said the word "hijacking."
Lyle Denniston describes today's oral argument in Zubik v. Burwell: