Monday, June 23, 2014

Hobby Lobby decision from SCOTUS is coming "reached out to Emily Martin, vice president and general counsel for the National Women’s Law Center, to talk through possible outcomes."

What's the best possible outcome?

There are a lot of ways that the United States could win this case. Hobby Lobby would have to pass a lot of tests in order to succeed. It seems to me that the best case scenario is if the court really makes clear that corporations don’t have the right to pray, that corporations can’t exercise religious rights and that therefore this analysis of whether a particular requirement burdens the religious rights of a corporation is just nonsensical.

And the worst possible outcome?

If they say, “Nothing we can do about it, that’s Hobby Lobby’s religious right.” I think that would be a very disturbing principle to be created for really the first time in law. That’s never been what we’ve understood religious freedom to mean, and I think that would be a very troubling principle. And certainly if the Court says that any corporation can exercise religion, that there are no limits to a corporation’s right to exercise religion and opens the door to a variety of really troubling claims.

We should find out soon.

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