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“My sense based on what I’ve read and based on the arguments that were presented is that the Supreme Court is likely to affirm the 10th Circuit’s ruling and affirm the religious freedom principles that are at stake here for the simple reason that this is an intrusion by government that is unacceptable,” Lee said.
Lee distinguished this case from the 2012 high court ruling on ObamaCare’s constitutionality by saying it would come down to a different margin where the ultimate outcome wouldn’t be in the hands of one justice.
“This is the kind of case, on the other hand, where it is not only possible – I think it is likely that we get more than five votes in support of affirming what the 10th Circuit said,” he said. “I don’t think this will necessarily come down to the five conservatives on the court versus the four liberals.”
Lee predicted the ruling could be by as much as a five-vote margin on the nine-member court.
“I think it is possible that this is not just decided 5-4 in our favor, but perhaps 6-3 or 7-2,” he added.
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