ObamaCare and Contraceptives: The Free Exercise Zero-Sum Game

If conservatives want to win the fight over the abortion pill mandate, they'd better know what its rules are and how progressives exploit them.  The Supreme Court wrote the rules, but they have nothing to do with constitutionality or the First Amendment.  Forget that, and you'll lose the argument by wrangling over the Framers' intent while Obama chants his women's rights mantra. Progressives have long rejected the Constitution's authority.  Preoccupation with constitutionality, Felix Frankfurter opined in his Dennis concurrence, "is preoccupation with a false value"[i].  And about two decades later, in Flast v. Cohen, Chief Justice Earl Warren explained what was taking its place, and why. Warren wanted taxpayers to be able to bring establishment-clause complaints without having to show injury.  There was one obstacle.  The ban against taxpayer standing is grounded squarely on the case-or-controversy rule in Article III.  And Frothingham v. Mellon was...(Read Full Article)

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