One of the most important cases before the Supreme Court this term is Zubik v. Burwell, which comes to the Court as seven combined cases in one, all brought by religious nonprofits.
Some listeners may know it as the Little Sisters of the Poor case; the Sisters are indeed part of the challenge, but the combined case is named for the first individual case to reach the Court. “Zubik” refers to the Most Rev. David Zubik, the Catholic bishop of Pittsburgh. “Burwell” refers to Sylvia Burwell, Secretary of the U.S. Department of Health and Human Services.
The question at hand: Does the Affordable Care Act’s requirement that employers provide free insurance coverage for contraception to female workers violate the religious liberty of those employers?
The answer turns not on the meaning of the Constitution, per se, but on the meaning of the Religious Freedom Restoration Act, the federal law also central to the Hobby Lobby case decided two years ago.
Joining We the People to parse the issues in this case and to predict how the Court will rule (or not rule) are two leading experts on religious liberty and the Constitution.Greg Lipper is Senior Litigation Counsel at Americans United for Separation of Church and State. He is currently lead counsel in University of Notre Dame v. Burwell, in which he represents a Notre Dame student opposing the university’s separate challenge to the contraception mandate.Michael Moreland is Professor of Law at the Villanova University Charles Widger School of Law, where he teaches and writes on law and religion, among other topics. He is currently a Visiting Professor of Law at the University of Notre Dame.Download this episode (right click and save)
We need your help to make this podcast even better! Go to bit.ly/wtpfeedback to share your feedback.
Freedom Day is April 13, 2016. Learn more and get involved: constitutioncenter.org/freedom-day.
Please subscribe to We the People on iTunes. While you’re in the iTunes Store, leave us a rating and review—it helps other people discover what we do.
Please also subscribe to Live at America’s Town Hall, featuring conversations and debates presented at the Center, across from Independence Hall in beautiful Philadelphia.We the People is a member of Slate’s Panoply network. Check out all of our sibling podcasts at iTunes.com/Panoply.
Despite our congressional charter, the National Constitution Center is a private nonprofit—we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more.
Recent Stories on Constitution DailyConstitution Check: Is Ted Cruz’s eligibility for the presidency a serious issue?What does the future of policing look like?Podcast: Celebrating the appointment of Chief Justice John Marshall