June 30, 2014
Burwell v. Hobby Lobby Stores, Inc.
On June 30 the Supreme Court issued its decision in Burwell v. Hobby Lobby Stores, Inc. The main issue in the case was whether the Department of Health and Human Services’ regulation known as the contraceptive mandate violates the Religious Freedom Restoration Act ? (RFRA)?, as applied to small, closely held for-profit corporations that object on religious grounds to providing coverage for some of these drugs on the ground that they believe the drugs sometimes operate as abortifacients. In an opinion delivered by Justice Alito, the Court held by a 5-4 vote that the HHS mandate violates the Act.
Justices Ginsburg, Kagan and Breyer each filed a dissenting opinion.
Ilya Shapiro, Senior Fellow at the Cato Institute, discusses the case.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope this and other publications will help foster discussion and further exchange regarding current issues.