In the last part of the brief, we explain how the Establishment Clause, in particular, is a structural constraint on federal power, not just a protection for citizens or some other discrete subset of people. The original purpose of the Clause was to keep the federal government from involving itself in matters of religion, in part to protect state autonomy in that sphere. State power over religion has been greatly limited since the “incorporation” of the Bill of Rights against the states through the Fourteenth Amendment. But the Establishment Clause’s limitations on federal authority remain in force. So long as they do not engage in unconstitutional discrimination themselves, states such as Hawaii (the lead plaintiff in one of the cases before the Court) should be free to attract immigrants and visitors of all religions, uninhibited by religious discrimination imposed by the federal government.
Similar to the House-passed bill (the American Health Care Act), the Cassidy-Graham bill would provide states expansive waiver authority to eliminate or weaken the prohibition against insurance companies charging higher premiums based on their health status and the requirement that insurers cover the essential health benefits related to any health insurance plan that is in any way subsidized by the bill’s block grant funding. States seeking waivers would only have to explain how they intend to maintain access to coverage for people with pre-existing conditions, but they wouldn’t have to prove that their waivers would actually do so. 
Robert S. (Bob) Seiner is the publisher of The Data Administration Newsletter ( ) – and has been since it was introduced in 1997 – providing valuable content for people that work in Information & Data Management and related fields. is known for its timely and relevant articles, columns and features from thought-leaders and practitioners. Seiner and were recognized by DAMA International for significant and demonstrable contributions to Information and Data Resource Management industries. Seiner is the President and Principal of KIK Consulting & Educational Services , a data and information management consultancy that he started in 2002, providing practical and cost-effective solutions in the disciplines of data governance, data stewardship, metadata management and data strategy. Seiner is a recognized industry thought-leader, has consulted with and educated many prominent organizations nationally and globally, and is known for his unique approach to implementing data governance. His book “Non-Invasive Data Governance: The Path of Least Resistance and Greatest Success” was published in late 2014. Seiner speaks often at the industry’s leading conferences and provides a monthly webinar series titled “Real-World Data Governance” with DATAVERSITY .