Elon Law Professor Scott Gaylord has published scholarship, provided analysis for media outlets nationally and authored a friend of the court brief for the recently decided U.S. Supreme Court case Burwell v. Hobby Lobby Stores, Inc.
In the amicus brief, Gaylord argued in favor of the Court’s ruling, that closely-held corporations should be able to challenge the contraception mandate in the Affordable Care Act on free exercise of religion grounds.
“Many corporations—closely-held and publicly traded—may not seek to exercise religion through their business operations,” the amicus brief authored by Gaylord states. “Those that do, however, have the right to claim the protection of the Free Exercise Clause and [the Religious Freedom Restoration Act], allowing the courts to decide the merits of these claims under the appropriate standards.”
Gaylord’s scholarship in this area includes his article in the current issue of the Washington University Law Review entitled “For-Profit Corporations, Free Exercise, and the HHS Mandate.”
Gaylord has presented nationally on the topic of free exercise of religion by closely-held corporations, participating in debates and giving talks at Barry University School of Law, The University of Texas School of Law and Texas A&M University School of Law. Gaylord’s public commentary on the Hobby Lobby case and related legal matters has appeared in several national and regional news outlets, including the National Constitution Center blog, SCOTUS blog, National Review, The Daily Caller and The Times News. Gaylord was also recently interviewed on The Lars Larson Show, a nationally syndicated talk radio program affiliated with iHeartRadio.
More information about Elon Law Professor Scott Gaylord is available here.