Critics in the court's minority opinions said the conservative majority's decision would allow for-profit companies to “opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.”
Judge Alito's majority ruling rejected that notion, saying the administration had already created a system for accommodating corporate owners who have religious objections to the rule, when it allowed religious not-for-profits to allow third-party insurers to provide coverage if they agreed to sign forms certifying their objections in writing. The court suggested the HHS could side-step the entire controversy by extending the same accommodation to any company whose owners object:
“The effect of the HHS-created accommodation on the women employed by Hobby Lobby and the other companies involved in these cases would be precisely zero,” Judge Alito wrote. “Under that accommodation, these women would still be entitled to all FDA-approved contraceptives without cost sharing.”