But as Ian Millhiser noted at ThinkProgress, the news from the court isn’t all rosy. For one thing, Justice Anthony Kennedy seems to believe this is a case about abortion. Millhiser points out that Kennedy does not seem to think — as Hobby Lobby (incorrectly) does — that emergency contraception is an abortion-inducing drug. Instead, he seemed interested in the possibility that a future law may compel Hobby Lobby to pay for abortion:

[Kennedy] did not weigh in on the question of whether non-abortions can count as abortion — indeed, he seemed to understand the difference between birth control and abortion. Nevertheless, he looked at the government’s requirement to provide birth control coverage and envisioned a future law compelling Hobby Lobby to pay for actual abortions — just as he once gazed upon a requirement to buy health insurance and imagined the government forcing everyone to buy broccoli. In Justice Kennedy’s Courtroom, the government doesn’t have to defend the law it actually passed, it has to defend the worst law Kennedy can imagine them passing — even if that law would never make it through Congress.

What the fuck is wrong with this asshole?