Skip to content
Noah Feldman

Supreme Court Keeps the Faith in Hobby Lobby

"Religious liberty" is about to become a growth industry in legal circles.
Lots of balsa wood, no birth control.
Lots of balsa wood, no birth control.

Today, in the U.S. Supreme Court's much-anticipated Hobby Lobby case, swing Justice Anthony Kennedy tried to cut the unborn baby in half.

He joined four conservatives, signing a majority opinion written by Justice Samuel Alito stating that closely held corporations are exempt from the Affordable Care Act’s contraceptive mandate. But Kennedy wrote separately to say that, in his opinion, the government could require insurers to pay for the contraceptive care, and that this would not violate the corporation’s religious liberty rights under the Religious Freedom Restoration Act.