Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Hobby Lobby Amicus Briefs
Explainer: The Hobby Lobby Amicus Briefs
May 1, 2026 5:28 AM

Last week, over 80 amicus briefs were filed with the Supreme Court on both sides of Hobby Lobby’s challenge to the HHS contraceptive-abortifacient mandate. Here’s what you need to know about amicus briefs and their role in this case.

What is an amicus brief?

An amicus brief is a learned treatise submitted by an amicus curiae (Latin for “friend of the court”), someone who is not a party to a case who offers information that bears on the case but that has not been solicited by any of the parties to assist a court. The amicus brief is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case.

Who can submit an amicus brief?

While any interested party can contribute or sign an amicus brief, it can only be filed only by an attorney admitted to practice before the Supreme Court. After filing, the Court decides whether it will accept the brief. Supreme Court Rule 37 provides that an amicus curiae brief which brings relevant matter to the Court’s attention that has not already been brought to its attention by the parties is of considerable help to the Court. An amicus brief which does not serve this purpose burdens the staff and facilities of the Court and its filing is not favored.

Do amicus briefs have any influence on Supreme Court rulings?

While it’s impossible to know how any particular amicus brief influences a justice or their decisions, one helpful proxy is the number of citations to such documents they include in their rulings. For example, Justice Sonia Sotomayor cited amicus briefs in 11 of her opinions this last term, or 69 percent. At the bottom were Justices Antonin Scalia, who has traditionally been a bit dubious of amicus briefs, and Samuel A. Alito Jr. — both with three opinions containing such citations.

Who submitted briefs in support of Hobby Lobby?

In the case of Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, over 50 briefs were filed in support. The amicus curiae includes 107 members of Congress,20 states, leading scholars, doctors and women’s organizations, prominent Protestant and Catholic theologians,and a diverse religious groups.

Below is the current list of people and organizations who signed these briefs:

Bipartisan Group of 88 Senators and Reps:

Senators Blunt (R-MO), Alexander (R-TN), Ayotte (R-NH), Barrasso (R-WY), Burr (R-NC), Coburn (R-OK), Enzi (R-WY), Fischer (R-NE), Graham (R-SC), Hoeven (R-ND), Johanns (R-NE), Moran (R-KS), Rubio (R-FL), Scott (R-SC), Toomey (R-PA), and Wicker (R-MI), Congressmen and Congresswomen Lipinski (D-IL), McIntyre (D-NC), Cantor (R-VA), Forbes (R-VA), Aderhold (R-AL), Kelly (R-PA), Bachmann (R-MN), King (R-IA), Benishek (R-MI), Kline (R-MN), Bentivolio (R-MI), Labrador (R-ID), Black (R-TN), LaMalfa (R-CA), Blackburn (R-TN), Lamborn (R-CO), Boustany (R-LA), Lankford (R-OK), Brady (R-TX), Latta (R-PA), Bridenstine (R-OK), Long (R-MO), Broun (R-GA), Lummis (R-WY), Cole (R-OK), Massie (R-KY), Conaway (R-TX), Miller (R-FL), Daines (R-MT), Mullin (R-OK), DeSantis (R-FL), Murphy (R-PA), DesJarlais (R-TN), Neugebauer (R-TX), Duncan (R-SC), Nunnelee (R-MS), Fincher (R-TN), Olson (R-TX), Fleming (R-LA), Palazzo (R-MS), Fortenberry (R-NE), PIttenger (R-NC), Foxx (R-NC), Pitts (R-PA), Franks (R-Az), Poe (R-TX), Garrett (R-NJ), Pompeo (R-KS), Gowdy (R-SC), Roskam (R-IL), Griffin (R-AR), Rothfus (R-PA), Harper (R-MS), Scalise (R-LA), Harris (R-MD), Scott (R-GA), Hartzler (R-MO), Smith (R-NE), Hudson (R-NC), Stockman (R-TX), Huelskamp (R-KS), Wagner (R-MO), Huizenga (R-MI), Walberg (R-MI), HUltgren (R-IL), Webster (R-FL), Johnson (R-OH), Westmoreland (R-GA), Jones (R-NC), Wilson (R-SC), Jordan (R-OH), Wittman (R-VA)

20 States

Michigan, Ohio, Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Kansas, Louisiana, Montana, Nebraska, North Dakota, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin

15 Senators and Reps – Original RFRA Signers

Hatch, Coats, Cochran, Crapo, Grassley, Inhofe, McCain, McConnell, Portman, Roberts, Shelby, Goodlatte, Smith (NJ), Smith (TX), Wolf

4 U.S. Senators

Ted Cruz, John Cornyn, Mike Lee, and David Vitter

Women’s Public Policy Groups and others

Susan B. Anthony List, Charlotte Lozier Institute, Concerned Women for America, and a Coalition of State Legislative and Executive Branch Officials

*Agudath Israel, Orthodox Union & Others: Jewish Commission on Law and Public Affairs, Agudas Harabbanim, Agudath Israel of America, National Council of Young Israel, Rabbinical Alliance of America, Rabbinical Council of America, Torah Umesorah, The Union of Orthodox Jewish Congregations of America

Christian Churches & Ministries

Christian Legal Society, American Bible Society, Anglican Church in North America, Association of Christian Schools International, Association of Gospel Rescue Missions, The Church of Jesus Christ of Latter-day Saints, The Ethics & Religious Liberty Commission of the Southern Baptist Convention, The Lutheran Church-Missouri Synod, Prison Fellowship Ministries, World Vision

Constitutional Law Scholars

Justice Thomas O. Marshall Chair of Constitutional Law Randy Beck, Professor of Law Ashutosh Bhagwat, Professor of Law Gerard V. Bradley, Luis D. Brandeis Professor of Law and Director of The Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics Robert F. Cochrane, Jr., Associate Professor of Law and Associate Director of the Center for Law & Religion Marc O. DeGirolami, Professor of Law and Director of the Interdisciplinary Program on Law and Religion Robert A. Destro, Professor of Law and Director of the Program in Church, State, and Society Richard Garnett, McCormick Chair in Jurisprudence and Director of the James Madison Program Robert P. George, Learned Hand Professor of Law Mary Ann Glendon, Professor of Law Scott Idleman, Associate Professor of Law and Political Science John D. Inazu, Assistant Professor of Law Antony Kolenc, Vice Dean & Professor of Law Michael P. Moreland, Warren Distinguished Professor of Law and Co-Executive Director of the Institute for Law & Religion Steven D. Smith, William P. and Hazel B. White Director at Center for Ethics and Culture and Professor of Law O. Carter Snead, Deab and Professor of Law Robert Vischer, Gary T. Schwartz Professor of Law Eugene Volokh

67 Catholic Theologians

Ann Astell, Rev. Nicanor Pier Giorgio Austriaco, Dr. Melanie Barrett, Gregory R. Beaubout, Frank Beckwith, J. Brian Benestad, John Berkman, Rev. Tom Berg, Christopher Plum, Patrick Boyle, Gerard Bradley, Joseph Capizzi, John Cavadini, Rev. Brian Chrzastek, Patrick Clark, Fr. Basil Cole, Randall Colton, Holly Taylor Coolman, Rev. John Corbett, Patrick Deneen, Patrick Derr, Dana Dillon, Jason Eberl, Robert Fastiggi, Gloria Falcao Dodd, Michael Duricy, John Finley, MIchael Foley, Alfred Freddoso, Rev. W. Thomas Frerking, Michael Gorman, John Grabowski, Marc Guerra, Ann Hartle, Lawrence Hennessey, Josh Hochschild, Dr. Leroy Huizenga, Dr. Christopher Kaczor, James Keating, Karl Keating, Mary Keys, Angela Knobel, Rev. Dominic Langevin, Patrick Lee, Fr. Dominic Legge, Matthew Levering, V. Bradley Lewis, Charles LiMandri, Dr. Steve A. Long, Fr. Brendan Lupton, Bruce Marshall, William Mattison III, Monsignor Kevin McMahon, Fr. David Meconi, Melissa Moschella, Mark Murphy, Michael Pakaluk, C.C. Pecknold, Thomas Petri, Daniel Philpott, Patricia Powers, Alexander Pruss, Lawrence Welch, Shawn McCauley Welch, Fr. Thomas Joseph White, Christopher Wolfe, Rev. Martin Zielinski

38 Protestant Theologians

Rick Warren, Eric Metaxas, Southeastern Baptist Theological Seminary, Coalition of African American Pastors, Manhattan Declaration, InStep International, Wayne Grudem, Scott Rae, Ravi Zacharias, Daniel Akin, Bruce Asherford, E. Calvin Beisner, John A. Bloom, Linwood Bragan, Chad Brand, Donald Arthur Carson, David Dykes, Matthew Flannagan, Norman Geisler, Rev. Trevon Gross, Wayne Grudem, Danny Han, Daniel Heimbach, Joseph Holden, Hershell Wayne House, Bishop Harry Jackson, Clay Jones, David W. Jones, Kenneth Keathley, Kevin Lewis, Rev. Art LIndsley, Scott Matscherz, Alex McFarland, Terry MOrtenson, Andrew Naselli, J. Randall Price, Scott Rae, Rich Schenker, Rev. Gregory Smith, John Stonestreet, Derek W.H. Thomas, Frank Turek, Eric Teetsel, Hugh Whelchel

Religious Publishers

Michael McConnell, Christian Booksellers Association, Deseret Book Company, Feldheim Publishers, Tyndale House Publishers

9 International Law Institutions and 27 Law and Religion Scholars representing the countries

Argentina, Belgium, Chile, Colombia, France, Germany, Israel, Italy, Mexico, Peru, Slovakia, South Africa, Spain, United Kingdom, United States, and Uruguay: International Center for Law and Religion Studies, Asociación para la Promoción y el Estudio de la Libertad Religiosa, Centro de Libertad Religiosa, Consorcio Latinoamericano de Libertad REligiosa, European Centre for Law and Justice, Instituto de Derecho Religioso del Estado, Oxford Society for Law and Religion, Law and Religion Chair, Real Academia de Jurisprudencia y Legislación de España, Prof. Rex Ahdar, Prof. Carmen Asiaín Periera, Prof. Paolo Carozza, Ana María Celis Brunet, Prof. Louis-Leon Christians, Prof. Pieter Coertzen, Prof. Alberto Gambino, President Hamza Yusuf Hanson, Prof. Mark Hill QC, Prof. Natan Lerner, Prof. Joaquin Mantecón, Prof. Asher Maoz, Prof. Javier Martiníz-Torrón, Prof. Stefano Delle Monache, Prof. Michaela Moravciková, Prof. Juan Navarro Floria, Prof. Andrea Nicolussi, Prof. Rafael Palomino, Dr. Alberto Patiño Reyes, Dr. Peter Petkoff, Prof. Vicente Prieto Martinez, Dr. Gregor Puppinck, Prof. Gerhard Robbers, Prof. Giulio Salerno, Juan Carlos Valderrama Adriansén, Prof. Lorenza Violini

Various

Church of the Lukumi Babalu Aye: Church of the Lukumi Babalu Aye, Int’l Soc’y for Krishna Consciousness, Crescent Foods, Queens Federation of Churches, Institutional Religious Freedom Alliance, East Texas Baptist University, Colorado Christian University, Ave Maria University,Council for Christian Colleges & Universities, Kuyper College, Dr. Andrew Abel,Association of American Physicians and Surgeons, Inc.,Individual Physicians and Citizens’ Council for Health Freedom, Association of American Physicians and Surgeons, Inc.,Breast Cancer Prevention Institute and 286 Legatus Members,Breast Cancer Prevention Institute, Polycarp Research Institute, Coalition on Abortion Breast Cancer, 286 Members of Legatus and Catholic Vote,Christian Medical Association,American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical Association, The National Catholic Bioethics Center, Physicians for Life, National Association of Pro Life Nurses, National Association of Catholic Nurses, Drury, Development Corporation Drury Southwest, Inc., Drury Hotels Company, Inc.,National Lawyers’ Association, Massachusetts Citizens for Life, Massachusetts Family Institute, Pro-Life Legal Defense Fund,Liberty, Life, and Law Foundation, Thomas More Society, and Christian Family Coalition,Professor Emeritus of Law Charles E. Rice, Professor of Law Bradley P. Jacob, Prof of Law David M. Wagner, Common Good Foundation, Common Good Alliance, Catholic Online, LLC, The Texas Center for Defense of Life, and the National Legal Foundation,Steven Willis: Freedom X, Kristin Balding Gutting and Daniel D. Barnhizer

Filed in support of neither party, but supports free exercise rights for family businesses like Hobby Lobby

Azusa Pacific University, Alliance Development Fund, Bethany International, Biblica US, Inc., Billy Graham Evangelical Association, Compassion International, Evangelical Council for Financial Accountability, Fellowship of Catholic University Students, Fellowship of Christian Athletes, Marilyn Hickey Ministries, New Tribes Mission, Once Child Matters, Pine Cove, Point Loma Nazerene University, Reach Beyond, Samaritan’s Purse, Simpson University, Sky Ranch, Summit Ministries, The Christian & Missionary Alliance, The Navigators, Waterstone, Young Life and Upward Unlimited

Other posts in this series:

What is Net Neutrality?

What is Common Core?

What’s Going on in Syria?

What’s Going on in Egypt?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
In Service with and for Others
While I was in seminary in Kentucky, students were required plete a relatively extensive service project that assisted and helped the poor and marginalized in munity. My group volunteered at a teen pregnancy center, others at nursing homes, or with organizations like Habitat for Humanity. At the pregnancy center we led job training, financial classes, and other practical skills for work and the home. A different group went another direction, they passed out petitions that called upon the federal government...
Global Warming Consensus Alert: The Science is Settled!
Remember – there’s really no dispute over the evidence that catastrophic anthropogenic climate change is underway. All the models predict it; the science is solid; the consensus is broad and unshakable. Oh, and pay no attention that significant downward revisions have had to be made in recent US temperature data: Climate scientist Michael Mann (famous for the hockey stick chart) once made the statement that the 1990’s were the warmest decade in a millennia and that “there is a 95...
Marketing is the New Finance
No doubt feeding the fears of those who believe that global corporations pose the greatest threat to the future flourishing of humanity, such multi-nationals are beginning to hire their own economists, much like governments have their own financial and economic experts. See, for instance, this interview on the WSJ Economics Blog with UC-Berkeley economist Hal Varian, who has taken a position as chief economist with Google, Inc. Where will Varian be focusing his attention? In his words, “I think marketing...
Global Warming Consensus Alert: Flaming, Earth-Crushing Death!
Remember the 2004 tsunami in Indonesia and Sri Lanka? I distinctly remember people making jokes about how they’d find a way to blame the whole catastrophe on global warming. Note to self: climate change hype is beyond parody: Unlike most apparently intractable problems, which have a tendency to go away when examined closely and analytically, the climate change predicament just seems to get bigger and scarier the more we learn about it. Now we discover that not only are the...
T.S. Eliot & Ritualistic Nihilism
Lately, I’ve heard one too many emo kids misread T.S. Eliot as being one of their own. In Russell Kirk’s words, it is easy for the “rootless and aimless” of the new generation to over-identify with Eliot, seeing him as a spokesman “for the futility and fatuity of the modern era, all whimper and no bang — a kind of Anglo-American ritualistic nihilism.” And whining, pining, Anglo-American ritualistic nihilism is the cultural trend of the day, whether you look at...
Baxter, How to Do Good to Many, Part 2
Readings in Social Ethics: Richard Baxter, How to Do Good to Many (London, 1682; repr. 1830), part 2 of 3. References below are to page numbers. On Motives: Human works are God’s appointed means of grace: “It is God’s great mercy to mankind, that he will use us all in doing good to one another; and it is a great part of his wise government of the world, that in societies men should be tied to it by the sense...
Baxter, How to Do Good to Many, Part 3
Readings in Social Ethics: Richard Baxter, How to Do Good to Many (London, 1682; repr. 1830), part 3 of 3. References below are to page numbers. Concluding Consectaries: These consectaries are aimed at Baxter’s audience, wealthy Christian merchants. Baxter examines in some particular detail suggestions for the right use of their charitable funds and efforts: “Might not somewhat more be done than yet is, to further the gospel in your factories, and in our plantations?” (329)Concerning Christians abroad who are...
‘Capitalist Calling’
The Washington Times reviews Acton’s Call of the Entrepreneur today in an article titled “Capitalist Calling”: The Acton Institute hopes the documentary will crush the popular myth of business as a “zero-sum game.” Jay Richards, the director of Acton Media, told an audience at a Heritage Foundation screening that the “point is that human beings create wealth; it’s not a zero-sum game.” The film addresses the critics of capitalism while acknowledging that capitalism’s defenders are sometimes too theoretical. “The Call...
The New Martyrs
People light candles below a wooden cross at a site south of Moscow where at the height of Josef Stalin’s political purges 70 years ago firing squads executed thousands of people perceived as enemies munism. (AP) “Martyrdom means a great deal to Orthodox people,” writes historian James Billington in “The Orthodox Frontier of Faith,” an essay collected in “Orthodoxy and Western Culture,” a volume of essays published in honor of Jaroslav Pelikan (St. Vladimir’s Seminary Press, 2005). The 20th Century’s...
Book Review Roundup
Here are some book reviews of note from recent weeks that you may find to be of interest: Charles H. Parker. The Reformation of Community: Social Welfare and Calvinist Charity in Holland, 1572-1620. Cambridge Studies in Early Modern History. Cambridge: Cambridge University Press, 2006. xv + 221 pp. Illustrations, map, tables, notes, sources cited, index. $37.99 (paper), ISBN 0-521-02540-0. Reviewed by Victoria Christman, Department of History, Luther College.Gertrude Himmelfarb. The Moral Imagination: From Edmund Burke to Lionel Trilling. Chicago: Ivan...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved