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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DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And we need your support like never before, to fight back against the existential threats American democracy faces. Fundraising for nonprofit media is always a challenge, and we need all hands on deck right now. We have no cushion; we leave it all on the field.

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