Challenges by for-profit corporations to the Affordable Care Act’s requirement that employers provide their employees with medical insurance packages that include coverage for contraceptives have raised questions under the Religious Freedom Restoration Act (RFRA) and the Constitution. This Essay discusses a threshold question in the constitutional challenges: Do for-profit corporations have rights of religious conscience protected by the Free Exercise Clause? I do not offer a definitive answer but instead mostly enumerate considerations that counsel hesitation before concluding that they do. I originally thought that I could address the question posed in the title without dealing with the RFRA, but—as will appear below—perhaps the answer lies in the statutory accommodations legislatures choose to enact, which might, but only might, include RFRA.
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The ability of government to “nudge” with information mandates, or merely to inform consumers of risks, is circumscribed by First Amendment interests that have been poorly articulated. New graphic cigarette warning labels supplied courts with the first opportunity to assess the informational interests attending novel forms of product disclosures. The D.C. Circuit enjoined them as [...]
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least [...]
Symposium on Extraterritorialism
The Cornell Law Review will publish its annual Symposium issue for Volume 99 with a focus on extraterritorialism. The flurry of recent Supreme Court decisions turning on a revived door-closing territorialism is attracting the attention of legal scholars in various substantive as well as methodological fields of federal law, and the lines of debate are [...]
Symposium on Law, Innovation, and Entrepreneurship
The Cornell Law Review and the Clarke Business Law Institute hosted a Symposium on Law, Innovation, and Entrepreneurship on Friday, February 8, 2013, at The Cornell Club in New York City. The Symposium was originally scheduled for November, but postponed due to Hurricane Sandy. It focused on legal and regulatory issues that affect entrepreneurship and [...]
Cornell Law Review Submissions Box Is Now Open
The Cornell Law Review and the Cornell Law Review Online are now accepting submissions for volume 100.
Welcome to CornellLawReview.org
Welcome to CornellLawReview.org, the new online home of the Cornell Law Review. In the spirit of its mission as a student-run journal, the Law Review is launching this site to provide greater access to its top-notch legal scholarship and more publishing opportunities for legal academics. The website will host all of the content that the Law Review publishes in print [...]