Big Brother versus the Little Sisters in the Supreme Court

Big Brother versus the Little Sisters in the Supreme Court

On Friday, Nov. 6, the U.S. Supreme Court announced that it will review Little Sisters of the Poor v. Burwell, Secretary of HHS, one of seven similar cases it will hear in March and decide by the end of June. All these cases challenge the adequacy of Obamacare's accommodation for religious organizations — like the Sisters — that provide healthcare or education but who have religiously-based conscientious objections to the provision of coverage for contraceptives, abortion and sterilization that HHS regulations mandate.

Tellingly, the Justice Department had urged the nation's highest court to take up the issue of whether the religious accommodation was adequate under the Religious Freedom Restoration Act (RFRA), because there was a "split in the Circuits," different rulings on the issue from the federal appeals courts, but had advised against taking the Little Sisters case. (It makes for bad public relations.)

Are we losing faith in law?
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Are we losing faith in law?

Rob McFarland

I am honored by the invitation to contribute to this blog dedicated to matters of faith and law. In this inaugural post, I would like to consider whether our nation is losing its faith in law. In many respects, law is our national religion. We are "one nation under law" (to borrow from a recent PBS series). Are we losing our religion (to borrow from R.E.M.)?

Confidence in the rule of law was the idea that gave birth to our nation. John Adams famously enshrined confidence in the institution of law in the text of the Massachusetts Constitution. The Massachusetts Constitution separates governmental powers so that Massachusetts "may be a government of laws and not of men." The founders justified signing the Declaration of Independence by highlighting King George III's lawless (and tyrannical) conduct. Those who signed were patriots defending the rule of law rather than traitors destroying it.

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