Religious exercise, Hobby Lobby and Obamacare’s contraception mandate *

The Supreme Court yesterday “>Christian school founded by the late Rev. Jerry Falwell. But the Court agreed last week to hear two related religious exemption cases regarding the Affordable Care Act's contraception mandate.

One of those cases, involving craft store “>leading the fight against employers being required to provide contraception to employees. The other is being consolidated, and the facts are similar. Significantly, Hobby Lobby is a closely held family company — i.e., no shareholders to report to. The company's leaders have asserted that religious beliefs prohibit providing contraception to employees, and thus the Affordable Care Act infringes on their religious exercise, entitling them to an exemption from the contraception mandate.

“My family and I are encouraged that the U.S. Supreme Court has agreed to decide our case,” “>already heard in October another case involving whether prayers before municipal meetings violate the First Amendment's establishment clause. I've “>popping up on SSRN weekly.

The outcome of this case will have broad effects, both doctrinally and practically. The circuit courts have split on whether a for-profit corporation can bring a religious exercise claim. Mark Tushnet illuminates but does not answer that threshold question “>Volokh Conspiracy. Expect more from “>lawsuit filed today. Birth control is