Supreme Court conservatives side with Hobby Lobby on contraception

When the legal challenges against the Affordable Care Act’s contraception mandate were first filed, they seemed destined to fail. The law already exempts houses of worship and religious non-profits, and as the 3rd Circuit explained, courts have “long recognized the distinction between the owners of a corporation and the corporation itself.” Ruling that “a for-profit corporation can engage in religious exercise” would “eviscerate the fundamental principle that a corporation is a legally distinct entity from its owners.”

And yet, as Irin Carmon reports, conservatives on the high court found a way to side with Hobby Lobby anyway.
The Supreme Court has ruled that a closely-held company can be exempt from the contraceptive coverage under the Affordable Care Act. […]

The Religious Freedom Restoration Act, the law at issue in the case, has never been applied to for-profit entities. The Court had to decide whether corporations even have religious exercise rights – making the beliefs of the employer synonymous with the entire company – and weigh that question against the potential harms to the employees.
It was a 5-4 decision, with the five Republican-appointed justices siding against the contraception policy and the four Democratic-appointed justices ruling in favor of it. Note, it’s not a short decision: there’s the majority ruling, a concurrence, are three separate dissents.

Of particular interest, the court seems to make a distinction between for-profit corporations and “closely held” for-profit corporations, which are businesses in which no more than five individuals own most of the corporation.

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