Burwell v. Hobby Lobby Stores, Inc./Dissent Breyer

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Breyer and Kagan, JJ., dissenting

SUPREME COURT OF THE UNITED STATES


Nos. 13–354 and 13–356


SYLVIA BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, et al., PETITIONERS

13–354
v.

HOBBY LOBBY STORES, INC., et al.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

AND

CONESTOGA WOOD SPECIALTIES CORPORATION et al., PETITIONERS

13–356
v.

SYLVIA BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, et al.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

[June 30, 2014]

Justice Breyer and Justice Kagan, dissenting.

We agree with Justice Ginsburg that the plaintiffs' challenge to the contraceptive coverage requirement fails on the merits. We need not and do not decide whether either for-profit corporations or their owners may bring claims under the Religious Freedom Restoration Act of 1993. Accordingly, we join all but Part III–C–1 of Justice Ginsburg's dissenting opinion.