PRESENTATION OUTLINE
JUSTICES
- Scalia
- Kennedy
- Thomas
- Ginsburg
- Breyer & etc.
Burwell vs. Hobby Lobby is a landmark case addressing the Constitutionally guaranteed rights of business owners to operate their family companies without violating their deeply held religious convictions.
On June 30, 2014, Associate Justice Samuel Alito delivered the judgment of the court. Four justices (Roberts, Scalia, Kennedy, and Thomas) joined him to strike down the HHS mandate, ( health and human services) as applied to closely held corporations with religious objections, and to prevent the plaintiffs from being compelled to provide contraception under their healthcare plans. The ruling was reached on statutory grounds, citing the RFRA, (religious freedom restoration act) because the mandate was not the "least restrictive" method of implementing the government's interest. The ruling did not address Hobby Lobby's claims under the Free Exercise Clause of the First Amendment.
Justice Ruth Bader Ginsburg delivered the primary dissent, which was joined by Justice Sotomayor in full and by Justices Breyer and Kagan as to all but Part IIl on "whether a corporation qualifies as a 'person' capable of exercising religion".Ginsburg began, "In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs. ... Compelling governmental interests in uniform compliance with the law, and disadvantages that religion-based opt-outs impose on others, hold no sway, the Court decides, at least when there is a 'less restrictive alternative.
Ohklahoma was the state the case took place.
It was about three appeals leading up to the final decision an the dates were November ,December, February an March of the year 2013.
