The Supreme Court on Friday announced it would review a series of cases brought by religiously affiliated nonprofits challenging the accommodation process for complying with the Affordable Care Act’s birth control benefit.
The decision released Tuesday is a strong endorsement of the Obama administration’s accommodation process for religiously affiliated nonprofits that object to providing contraception in health-care plans.
Even if it is true that the Religious Freedom Restoration Act permits the religious exemptions sought by companies opposing the contraception mandate, what of the harm imposed on those whom the requirement is intended to benefit? What legal argument centers their concerns? The answer may lie in the Establishment Clause.