In the latest edition of USA Today, Richard Garnett, a professor of law and associate dean at the University of Notre Dame, explains why the contraception mandate should be scrapped:
James Madison, the “Father of our Constitution,” believed that America’s distinctive commitment to religious liberty “promised a lustre to our country.” And, for more than two centuries, we have been trying — sometimes succeeding, sometimes failing badly — to prove Madison right.
In recent months, this effort has been playing out in the context of new rules, recently proposed by the Obama administration’s Department of Health and Human Services, that would interpret the 2010 health care law to require all new insurance plans to cover
contraceptives, sterilization and even some abortioncausing drugs. A wide range of groups and citizens from all over the political spectrum have filed comments with the department, urging changes to these proposed regulations. A final decision is expected soon.