I reluctantly agree that it was correctly decided under the ACA itself. Although the opinion touches on the RFRA (in what is likely dicta), I don’t see it as the basis of the decision. The bulk of the opinion is that Congress gave the discretion to determine what benefits fell under the minimum requirement, so the decision to exempt was authorized by the statute. As noted in the concurrence and the dissent, the case is far from over, as there is a remaining challenge under the APA that still needs to be decided in the lower court.
The takeaway is that Congress can remove or limit the discretion in response to this decision, and likely will try to do so, particularly if the current regime is given its walking papers in November. The reg could also be struck down on remand based on the rationality argument.
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