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. 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. (Which, as I’m several months behind in updating, I can now say they’ve completely muddled with the free exercise clause. Oh well.)
This was the first time I felt totally settled in my approach to this semester. It wasn’t a particularly flashy lesson plan, but the kids dug in and I think we really dug into the nuances of the case. 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.
Readings
Friedman, “My Business, Myself” (21 Jan 2013)
Miller, “Hobby Lobby Case Isn’t Really About Contraception” (24 March 2014)
Redden, “Hobby Lobby’s Hypocrisy” (1 April 2014)
Ingersoll, “Why Hobby Lobby Is a Pandora’s Box” (1 July 2014)
Sullivan, “The Impossibility of Religious Freedom” (8 July 2014)
Miller, “Obama Caves on (Another) Contraception Exemption” (25 August 2014)
Imhoff, “The Supreme Court’s Faith in Belief” (16 Dec 2014)
Keywords
RFRA & Citizens United
Compelling interest
Least restrictive means
Wheaton v. Burwell














