“Lawyers Weigh In On Supreme Court’s Hobby Lobby Ruling”
The U.S. Supreme Court ruled Monday that closely held corporations could secure an exemption from the Affordable Care Act’s controversial contraception mandate. Here, attorneys tell Law360 why the decision in Burwell v. Hobby Lobby Stores Inc. is significant.
Bryan P. Neal, Thompson & Knight LLP
“Although the dissent calls the majority ruling one of ‘startling breadth,’ the majority actually took great pains to emphasize the opposite. Rather than reaching a constitutional issue or challenging the government’s stated interest in providing contraception to women, the majority decision came down to whether there is a ‘less restrictive’ means to achieve that interest. The court said there is — the same one available to nonprofit religious organizations. That narrow rationale is one reason the decision does not — as some had suggested would be the case if Hobby Lobby won — mean that employers can avoid employment-discrimination and other laws under the guise of religious beliefs.”