Hobby Lobby is a 5-to-4 decision on the bottom line, but only 5-to-2 on whether for-profit corporations may bring RFRA claims, or whether owners of those corporations may sue based on restrictions imposed on those corporations. Justices Breyer and Kagan expressly say that they do not express an opinion on the issue; they think Hobby Lobby should lose regardless of how the issue is decided.

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