The Brief: July 1, 2014

Political rhetoric aside, uncertainty remains on the larger impact of Monday's Hobby Lobby decision.

July 1, 20145 AM Central

The Big Conversation

The U.S. Supreme Court's decision allowing Hobby Lobby to opt out of a mandate to provide contraception coverage under the Affordable Care Act drew cheers from conservatives who viewed it as a big win for religious liberty. Those on the left were equally vehement in criticizing the ruling as anti-woman.

As far as its practical impact, though, the Houston Chronicle's L.M. Sixel talked to one employee benefits lawyer who said he did not see the decision as "having much impact." That's because the Affordable Care Act only applies to employers with 50 or more employees and thus exempts most small businesses. And the court's decision on Monday applied to "closely held" corporations — where more than half the stock is held by five or fewer individuals. Those owners also must have sincerely held religious beliefs.

A lawyer interviewed, though, by Texas Lawyer suggested the decision could leave the door open to further expansion in mandate carve outs. Monday's decision applied to "closely held" corporations, but the wording in the decision said that larger corporations are "unlikely" to pursue the rights asserted by smaller businesses. That would seem to imply that large corporations could assert a similar right sometime down the road.

One hurdle in establishing those rights would be the requirement that the corporation have sincerely held religious beliefs. But the court did not establish a test for determining the sincerity of religious beliefs. "This could create uncertainty with future legal challenges," Texas Lawyer wrote.

The Day Ahead

• The House Homeland Security & Public Safety Committee meets at 9 a.m. in the Capitol Extension to talk about possible legislation dealing with the storage of ammonium nitrate. (agenda)

• The House Select Committee on Child Protection meets at 10 a.m. in the John H. Reagan Building to take invited testimony. (agenda)