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Response to Divernan (Original post)

Mon Jun 30, 2014, 11:10 AM

1. Hobby Lobby raises 2 follow up questions for future cases.

On a quick read, the Hobby Lobby decisions raises two important follow-up questions for future cases: (1) Whether HHS has the legal authority to now extend the non-profit exemption regime to closely held corporations (if it doesn't, that would suggest that the women employed by those companies may end up without coverage); and (2) whether RFRA protects objecting corporations from even certifying their objection (thereby triggering alternative coverage for the employees), which is the question that is pending in other cases working their way to the Court in the context of non-profit companies.

For purists, it is important to note that this case was decided purely on statutory grounds (RFRA) and Alito closes the opionion of the Court by noting that they are not reaching the First Amendment claims raised by Hobby Lobby.
- See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.vXje5Qmc.dpuf

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