SCOTUS Comparison: Wisconsin v Yoder (1972)

These questions require you to compare a Supreme Court case you studied in class with one you have not studied in class. A summary of the Supreme Court case you did not study in class is presented below and provides all of the information you need to know about this case to answer the prompt.

In Burwell v. Hobby Lobby Stores, Inc. (2014), the craft store chain Hobby Lobby, owned by a devoutly religious family, challenged a provision of the Affordable Care Act (ACA) that required employers to offer health insurance plans covering contraception at no cost to the employee. Hobby Lobby argued that this requirement violated their religious beliefs against the use of certain contraceptives and thus infringed upon their rights under the Religious Freedom Restoration Act (RFRA) of 1993. The RFRA prohibits the government from substantially burdening a person's exercise of religion unless it is in the furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.

The United States Supreme Court, in a 5-4 decision, ruled that closely held for-profit corporations like Hobby Lobby could be exempt from laws that violate their religious beliefs, provided that there is a less restrictive means to achieve the law's interest. The Court held that the ACA’s contraception mandate substantially burdened the exercise of religion and that the government had failed to demonstrate that the mandate was the least restrictive means of advancing its interest in providing access to free contraception.

Question 1

Short answer
Identify the constitutional provision that is common to Burwell v. Hobby Lobby Stores, Inc. (2014) and Wisconsin v. Yoder (1972).

Question 2

Short answer
Explain how the reasoning in Burwell v. Hobby Lobby and Yoder led to similar holdings in both cases.

Question 3

Short answer
Explain one reason why the government's interest in public health and welfare (as seen in the ACA's contraception mandate) does not override the religious freedoms claimed in Burwell v. Hobby Lobby Stores, Inc..

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