What the Abercrombie Bias Case Might Mean for Obamacare
Samantha Elauf (center), her mother, Majda Elauf, and Equal Employment Opportunity Commission General Counsel David Lopez leave the U.S. Supreme Court after the court heard oral arguments in EEOC v. Abercrombie & Fitch on Feb. 25, 2015, in Washington.
Photographer: Chip Somodevilla/Getty ImagesThe Supreme Court barely broke a sweat rebuffing preppy clothier Abercrombie & Fitch in Monday’s hiring-bias decision. In an 8 to 1 ruling, the high court used a suit by a young woman in a Muslim headscarf to remind businesses they have to take the initiative to avoid religious discrimination.
Apart from the immediate result—a victory for employees who favor devotional garb—the most interesting passage in Justice Antonin Scalia’s majority opinion teed up the central issue in a ruling on the fate of Obamacare expected by the end of June.