Religious Freedom Upheld
Short video with Ilya Shapiro discussing Hobby Lobby decision
Burwell v. Hobby Lobby Stores, Inc.
Post-Decision Commentary
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.
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Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.