The Corner

It’s Old Fashioned But…

There is some discussion on the Hill these days about exactly what kind of legislative approach should be taken to overturn the almost indescribably odious HHS mandate requiring religious employers to provide abortive and contraceptive drugs to their employees. There is so very much wrong with the rule that it can be hard to know quite where to start.


I would propose a simple, short bill that read simply: “Congress shall make no law, and the Executive Branch shall make no rule, respecting an establishment of religion, or prohibiting the free exercise thereof.” 


That should cover it, and it ought to have a pretty easy time passing constitutional muster too, unlike the HHS rule.

Yuval Levin is the director of social, cultural, and constitutional studies at the American Enterprise Institute and the editor of National Affairs.


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