Hobby Lobby Wasn’t About Religious Freedom. It Was About Abortion.

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Elsewhere at Mother Jones, Dana Liebelson collects the eight best lines from Ruth Bader Ginsburg’s dissent in the Hobby Lobby case. Here’s what I consider the most telling passage from Samuel Alito’s majority opinion:

Kinda reminds you of Bush v. Gore, doesn’t it? Alito takes pains to make it clear that his opinion shouldn’t be considered precedent for anything except the narrowly specific issue at hand: whether contraceptives that some people consider abortifacients can be excluded from health plans.

I think it’s important to recognize what Alito is saying here. Basically, he’s making the case that abortion is unique as a religious issue. If you object to anything else on a religious basis, you’re probably out of luck. But if you object to abortion on religious grounds, you will be given every possible consideration. Even if your objection is only related to abortion in the most tenuous imaginable way—as it is here, where IUDs are considered to be abortifacients for highly idiosyncratic doctrinal reasons—it will be treated with the utmost deference.

This is not a ruling that upholds religious liberty. It is a ruling that specifically enshrines opposition to abortion as the most important religious liberty in America.

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FACT:

Mother Jones was founded as a nonprofit in 1976 because we knew corporations and the wealthy wouldn't fund the type of hard-hitting journalism we set out to do.

Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2020 demands.

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