The Establishment Clause and the Contraception Mandate Cases

Balkinization: The Establishment Clause and the Contraception Mandate, by Micah Schwartzman, Richard Schragger, and Nelson Tebbe:

Yesterday the Supreme Court granted certiorari in Sebelius v. Hobby Lobby and Conestoga Wood Specialties Corp. v. Sebelius, which ask whether large, for-profit corporations and their religious owners can assert rights of religious free exercise under the Religious Freedom Restoration Act (RFRA), and, if so, whether their rights are violated by the government’s requirement that they pay for health insurance that includes coverage for various forms of contraception. . . .