braunfeld was such a case. gallagher was such a case. >> not on the ground that it was a for-profit enterprise. there is not a single case which says that a for-profit enterprise cannot make a freedom of religion claim, is there? >> right. there is not a single case -- >> right. >> holding that. except that in lee, it was critical to the court's analysis that mr. lee and his business and had chosen to enter the commercial sphere. >> isn't that a merits question, general? i mean, i totally understand that argument as a as an argument about the merits. i'm not sure i understand it as a threshold claim that this that the claim is not recognizable at all. >> right. well, let me i do want to move to the compelling interest analysis, but if i could make one point in response to your honor's question, that the court's got to decide what person -- a person's exercise of religion means. and that it seems to me that it would be such a vast expansion of what congress must could have thought it was doing in 1993, when it e

in those cases, which is like sherbert and is like braunfeld, then you have to look at the substantialressure, and it becomes a little bit more of a loosey-goosey analysis. but when you have a government law that specifically says you must do something that violates your religion and it's enforced with a penalty, and with all due respect i think $2,000 per employee is a penalty. >> but mr. clement, it's not saying you must do something that violates your religion. it's giving you a choice. you can do this thing or if this thing violates your religion you can do another thing. and that other thing is approximately the same price as the thing that you don't want to do. >> i don't think it would be the same price at the end of the day. i'd also like to point out how this -- >> well, of course it wouldn't be the same price at the end of the day. if they deny health insurance, they're going to have to raise wages if they are going to get employees. >> absolutely. >> it's absurd to say that, you know, it comes out of nowhere. >> absolutely, your honor. and by the way, this $2,000 penalty is