Pratik Shah Quoted on Upcoming SCOTUS Decision in Gov’t Contraception Case

For its article “Attys Size Up High Court's Stance On Contraception Case,” Law360 solicited “predictions on which way the court might rule” on Sebelius v. Hobby Lobby Stores Inc. from legal practitioners, among them Akin Gump Supreme Court practice head Pratik Shah.  The case considers whether large, for-profit companies must offer contraception coverage in their health benefits.

Shah noted, “The government's uphill climb starts, but by no means ends, with the text of the Religious Freedom Restoration Act. I have yet to see a persuasive explanation for why RFRA's protection of a 'person's' religious exercise encompasses a nonprofit corporation but not a for-profit corporation, and I doubt the court will find any such distinction tenable either. Once plaintiffs get past that threshold hurdle, it is difficult to see the court rejecting their RFRA claim on the merits in light of the lack of any dispute over the sincerity of plaintiffs' contention that providing the contraceptive coverage at issue would violate their core religious beliefs."