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July 10, 2020

The First Amendment Doesn’t Create a “Class of Special Rights”

Getting the Supreme Court’s Little Sisters of the Poor ruling wrong.

Yesterday, the Supreme Court decided on the case of the Little Sisters of the Poor, a group of Catholic nuns dedicated to caring for the indigent sick and elderly. The court ruled—seven to two—in favor of the nuns, who have for years sought exemptions from requirements to provide employees with medical coverage for abortions and contraception. Lamenting the decision, a Washington Post columnist ascribed it to “a conservative majority on the Supreme Court, one that is determined to create a class of special rights that in practice are enjoyed only by conservative Christians.” Alexandra DeSanctis takes issue with this evaluation:

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