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Where Are the Women in the Contraception Mandate Cases?

Should the University of Notre Dame case make it to the Supreme Court, the Establishment Clause argument will be front and center, thanks to the three women who have stood up to Notre Dame.

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.

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