In Sebelius v. Hobby Lobby Stores, Inc., the retail chain Hobby Lobby challenges the provision of the Affordable Care Act that requires employers to include contraceptives in their employees' insurance plans. Hobby Lobby challenged the contraception mandate under the Religious Freedom Restoration Act, passed by Congress in 1992. Professors Richard Garnett, Andrew Koppelman, Mark Gedicks, Gregory Magarian, and James Oleske weighed in on the issue in Vanderbilt Law Review En Banc's most recent Roundtable. The Supreme Court heard oral arguments on Tuesday, March 25, and we expect a decision later on this summer.
Featured Book Review
COMMON AND UNCOMMON FAMILIES AND THE AMERICAN CONSTITUTIONAL ORDER
by Linda C. McClain
In States of Union: Family and Change in the American Constitutional Order, Professor Mark Brandon challenges some common understandings about the intersection of law and family in the United States. This Book Review examines Brandon's historical work in the broader context of current debates about which family forms should be sanctioned by governments. Professor Linda McClain explores Brandon's vivid sketches of the different models of families throughout U.S. history and how each interacted with federal, state, and local governments. The Review concludes by quoting a memorable passage from States of Union that sums up one of Brandon's central themes: "[T]he history of family in the United States--and of how it came to be in the Constitution--has been a story of change and contestation. . . . America has always been a place for experiments and for diverse ways of life."
PDF · Linda C. McClain · 67 Vand. L. Rev. En Banc 19 (2014).