After Burwell
An unscheduled colleague visit/observation made me a bit more self-conscious about this session than I would have otherwise been, but the kids rocked it. Â They did a great job relating the analyses of the case back to the decision and dissent themselves, and were especially careful readers of the RFRA. Â (Which, as Iâm several months behind in updating, I can now say theyâve completely muddled with the free exercise clause. Â Oh well.)
This was the first time I felt totally settled in my approach to this semester. Â It wasnât a particularly flashy lesson plan, but the kids dug in and I think we really dug into the nuances of the case. Â V. satisfying.
Activity-wise: I just split them into two groups of two and had them discuss how the authors were reading the case, and whether the decision and dissent might agree or disagree with that reading. Â
ReadingsÂ
Friedman, âMy Business, Myselfâ (21 Jan 2013)
Miller, âHobby Lobby Case Isnât Really About Contraceptionâ (24 March 2014)
Redden, âHobby Lobbyâs Hypocrisyâ (1 April 2014)
Ingersoll, âWhy Hobby Lobby Is a Pandoraâs Boxâ (1 July 2014)
Sullivan, âThe Impossibility of Religious Freedomâ (8 July 2014)
Miller, âObama Caves on (Another) Contraception Exemptionâ (25 August 2014)
Imhoff, âThe Supreme Courtâs Faith in Beliefâ (16 Dec 2014)
Keywords
RFRA & Citizens United
Compelling interest
Least restrictive means
Wheaton v. Burwell













