The Supreme Court is political, and swims in the same political waters as Congress and, by extension, the rest of America. Roberts crafted a political compromise in Hobby Lobby: By making a (IMO) dubious distinction between a "privately held" corporation and those that are publicly held, he managed to satisfy the religious Right without giving the rest of corporate America carte blanche to pick and choose which aspects of Obamacare they'll implement.

It's dubious because Hobby Lobby is still a big corporation that operates stores in many states and does business on an interstate basis. The fact that Hobby Lobby is privately held doesn't make a difference to employees receiving salary, benefits or any other aspect of employment. Nor can Hobby Lobby require employees to sign affidavits that they support the owning family's religious beliefs and precepts as a condition of employment.

Ironically, Roberts cited the "commerce" clause in upholding Obamacare--another dubious way to achieve a political compromise.


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