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Professor Hawley’s Essay Included in SCOTUSblog Symposium

June 1st, 2016

Prof. Erin Morrow Hawley

Professor Erin Morrow Hawley participated by invitation in SCOTUSblog’s Special Feature: Zubik v. Burwell symposium.

In her symposium essay, Professor Hawley argues that, in remanding the consolidated cases to lower courts, a unanimous Supreme Court surprisingly handed a near-complete victory to plaintiffs like the Little Sisters of the Poor, who object to facilitating the provision of drugs and devices that violate their conscience rights. In its per curiam opinion, the Court forbids the imposition of penalties on religious objectors, and instructs the parties to work it out, based on the government’s forced admission that other, less-restrictive means of ensuring contraceptive access exist. This is not only a win for plaintiffs but has the fingerprints of Chief Justice Roberts all over it, Professor Hawley says.

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