The Plea of the Little Sisters

Richard Epstein, The FederalistThis past week, the United States Supreme Court heard oral arguments in the highly contentious case of Zubik v. Burwell, which addresses the extent to which religious institutions, such as the Little Sisters of the Poor, are subject to the Affordable Care Act’s contraceptive mandate. The issue here is not a new one, for just two years ago in Burwell v. Hobby Lobby, the Supreme Court correctly held, by a 5 to 4 vote, that a religiously motivated employer could...

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