Constitutional expert David Boies said there's no basis for a constitutional fight with the birth control mandate. On The Last Word, he compared the current debate that's heating up in Washington to simple tax law or labor laws.
"There isn't a constitutional issue involved in this case," he told msnbc's Lawrence O'Donnell on Wednesday. "You don't exempt religious employers just because of their religion. You are not asking anybody in the Catholic church or any other church to do anything other than simply comply with a normal law that every employer has to comply with."Boies, who represented Vice President Al Gore in Bush v. Gore, said "this case would have trouble getting to the court."