Suspecting that a disappointing Court decision is coming doesn’t make it any better when it arrives, as did the Hobby Lobby opinion this morning, in which a 5-4 majority (led by Justice Alito) said that it violated the Religious Freedom Restoration Act of 1992 to require a “closely held corporation” (“family-owned,” but expect lots of litigation; apparently some 90% of American corporations may qualify!) to purchase a health insurance policy that provided free contraception to which the owners of that corporation object on religious grounds (nice summary here). There is a substantial silver lining, which is that the Court seems to endorse an opt-out like the one provided for non-profits: certify that you object to providing contraception coverage, and you don’t pay for that part of the plan. Either the insurer or the government does. Accordingly, today’s ruling would also appear to pre-emptively resolve (see also here) the next round of religious objections to the ACA, where some of those non-profits contend that even signing the paperwork saying they object to providing contraception somehow violates their religious beliefs, because signing the paperwork means they start a process the end of which is contraception (so would employing women at all, but never mind that, apparently).
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