by Noah Marks
Yesterday morning, the Supreme Court decided Burwell v. Hobby Lobby, holding 5-4 that religious owners of closely-held corporations are exempt from the contraception coverage requirement of the Affordable Care Act based on the 1993 Religious Freedom and Restoration Act.
Writing for the majority, Justice Alito strains to emphasize the limited scope of the decision, claiming that it applies only to closely held companies, only to contraception, and only to this preexisting accommodation. Justice Ginsburg, in dissent, cuts through the rhetoric and reveals the decision’s true, “startling breadth,” given the uncertainty of the accommodation’s legality, the quantity and variety of closely held corporations, and the Court’s ominously limited explicit assurance that racial discrimination is not covered by its logic. [Read more…] about Dangerous Precedents in Hobby Lobby