Cutting through the politicized hype about the Hobby Lobby and Conestoga case (“Corporations have no rights!” “War on Women!”) the Justices during oral argument focused on four serious legal questions, which deserve a serious answer:
(1) Could Hobby Lobby avoid a substantial burden on its religious exercise by dropping health insurance and paying fines of $2,000 per employee?
(2) Does the government have a compelling interest in protecting the statutory rights of Hobby Lobby’s employees?
(3) Would a ruling in favor of Hobby Lobby give rise to a slippery slope of exemptions from vaccines, minimum wage laws, anti-discrimination laws, and the like?
(4) Has the government satisfied the least restrictive means test?
I think the answer to all four questions is “no.” I offer brief thoughts on each below.