Regulations enacted by executive agencies often govern Americans’ lives more directly than congressional statutes. Agencies craft regulations in such areas as healthcare, education, and environmental protection. Over 100,000 regulations are currently on the books, and thousands more are added annually.
The Supreme Court will soon determine whether the Religious Freedom Restoration Act (“RFRA”) allows agencies to ensure that their regulations do not unnecessarily burden the free exercise of religion. That decision will be made in the context of Little Sisters of the Poor vs. Pennsylvania. In this case, the Court is being asked to decide whether the Department of Health and Human Services (“HHS”) can grant nuns an exemption from a regulation requiring employers to provide their employees with free access to abortion-inducing drugs.
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