“When I look at these cases, I’m not really sure there’s one vote to start with on the side of the government”

Together, the cases could recreate a broad left-right coalition on the court that has emerged in the past decade to defend religious rights against alleged government intrusions.

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“I wouldn’t be betting on the government winning,” said Michael McConnell, a former federal appeals court judge who favors granting broad religious exemptions. “I would say that the government has an uphill battle.”

A legal expert who has argued for a broad government right to enforce government policies like anti-discrimination laws agrees: the cases — both the immediate battle involving nonprofit nursing homes operated by the Little Sisters of the Poor, and the pending ones featuring for-profit companies Hobby Lobby and Conestoga Wood Specialties — will be tough fights.

“When I look at these cases, I’m not really sure there’s one vote to start with on the side of the government,” said Leslie Griffin, a law professor at the University of Las Vegas.

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