InBurwell v.Hobby Lobby Stores, Inc. (2014), the Supreme Court held that the Religious Freedom Restoration Act (RFRA) permits a closely-held for-profit corporation to deny its employees the health insurance coverage of reimbursement for the cost of contraception, to which the employees would have otherwise been entitled under the Affordable Care Act.

a. what legal standard did the Court apply in its decision to strike down the contraception mandate?

b. what arguments would you make that the Court's decision should be upheld based on that standard?

c. thinking back to our discussion ofGriswold v. Connecticut (1965). and of the "unenumerated or implied rights" of Hobby Lobby employees, what arguments would you make that the Court's decision was in error and that the contraception mandate should have been upheld?

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The Ninth Amendment provides as follows: "The enumeration in the ConstitutiOn, of certain rights, shall not be construed to deny or disparage others retained by the people." What is the origin of the Ninth Amendment? During the ratication debates over the Constitution, some opponents of ratication ("Anti- Federalists") complained about the absence of a bill of rights. In response, supporters of the Constitution ("Federalists") such as James Wilson argued that a bill of rights would be dangerous. Enumerating any rights, Wilson argued, might imply that all those listed were surrendered. And. because it was impossible to enumerate all the rights of the people, a bill of rights might actually be construed to justify the government's power to limit any liberties of the people that were not enumerated. Nevertheless, since the anti-Federalist demand for a bill of rights resonated with the public. Federalists like James Madison countered with a pledge to offer amendments after the Constitution's ratification. Unenumerated rights have also been referred to as "implied rights", "natural rights", background rights, and fundamental rights. Citing to other provisions of the Constitution, e.g., the Due Process Clause, the Equal Protection Clause and the Tenth Amendment, the Supreme Court has found th_at unenurnerated rights include such important rights as: 1. the right to travel (e.g., Graham v. Richardson (1971}, striking down durational residency requirements for aliens applying for welfare assistance); 2. the right to vote (Merrill v. Milligan (2022)(Alabama's redistricting plan found to be racially discriminatory under the Voting Rights Act and the 14'h Amendment) and 3. the right to keep personal matters private (Griswold v. Connecticut (1965)(nding that a right to privacy can be inferred from several amendments in the Bill of Rights; this right prevents States from making the use of contraception by married couples illegal). . Do these series of cases undercut the school of thought among constitutional scholars that supports nding the "original intent" of the framers? See constitutioncentenorg; see also democracydocket.com