​Discussion Question

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You should answer the question using the cases we have discussed in class.

Try to explain how each case we have read will help you determine what the decision in the case should be.

You want to explore both outcomes, for and against the defendants.

What do the cases we have read tell you about what will/should happen in the hypothetical exercise.


  • Does the ACA contraception mandate and accommodation violate the RFRA? Does it violate the Free Exercise Clause of the First Amendment?


Marbury v. Madison

Ex Parte McCardle

Palko v. Connecticut

Duncan v. Louisiana

District of Colombia v. Heller

Cantwell v. Connecticut

Sherbert v. Verner

Wisconsin v. Yoder

Employment Division, Department of Human Resources of Oregon v. Smith

City of Boerne v. Flores

Burwell v. Hobby Lobby

Zubik v. Burwell


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