I’m reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg’s opinion: “A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion , or infringed on a liberty interest protected by the Due Process Clause.”
Has anyone cited this passage in briefs challenging the contraceptive/abortifacient mandate? Does anyone believe that Justice Ginsburg would vote to strike down the mandate when it comes before the Court?
You have a decision to make: double or nothing.
For this week only, a generous supporter has offered to fully match all new and increased donations to First Things up to $60,000.
In other words, your gift of $50 unlocks $100 for First Things, your gift of $100 unlocks $200, and so on, up to a total of $120,000. But if you don’t give, nothing.
So what will it be, dear reader: double, or nothing?
Make your year-end gift go twice as far for First Things by giving now.
