“The general sense about the Hobby Lobby decision handed down yesterday, very much suggested by the majority opinion itself, is that the ruling is highly significant for the particular matter at hand (the fate of the HHS mandate) but of limited significance for larger and broader questions beyond. It seems to me, however, that roughly the opposite may be the case.
In fact, the majority decision breaks some important ground on the general question of the corporate form in our civil society and its standing as a medium for the practice of our rights. But it leaves rather open the fate of the HHS mandate, by raising (without answering, as it was not at issue in this case) the question of whether the “accommodation” the administration has pursued regarding religious non-profits may be adequate both in their case and in that of for-profit corporations.”