The Supreme Court narrowly decides that employers, if objection is as a matter of religious principle,  do not have to provide Obamacare-mandated contraceptive coverage.   In a decision that had the conservative wing of the court decide in the majority, the Religious Freedom Restoration Act was used to determine that the contraceptive mandate was against established law.  The minority stated it allows companies the ability to opt out of many laws under a wide umbrella of 'religious beliefs'.

 

Catholic schools and other organizations who have similar lawsuits against the Affordable Care Act (Obamacare), may find their positions strengthened somewhat by the ruling.  Would you have sided with the majority of the court?

 

 

 

The Supreme Court ruled 5-4 in Burwell v. Hobby Lobby that employers  with religious objections can opt out of providing contraception coverage under  Obamacare.

The ruling deals directly with only a small provision of Obamacare and will  not take down the entire law but it amounts to a huge black eye for Obamacare  and its backers. The justices have given Obamacare opponents their most  significant political victory against the health care law, reinforcing their  argument that the law and President Barack Obama are encroaching on Americans’  freedoms.

“Under the standard that [the Religious Freedom Restoration  Act] prescribes, the HHS contraceptive mandate is unlawful,” Justice Samuel  Alito wrote in the opinion, which was joined by Chief Justice John Roberts and  Justices Antonin Scalia, Clarence Thomas and Anthony Kennedy.

(Also  on POLITICO: Hobby Lobby ruling full text)

The court’s four liberal justices called it a decision of “startling breadth”  and said that it allows companies to “opt out of any law (saving only tax laws)  they judge incompatible with their sincerely held religious beliefs.”

The court appeared to reject, 7-2, the Obama Administration’s argument that  for-profit companies cannot assert religious rights under RFRA. Only Justice  Sonia Sotomayor joined the portion of Ruth Bader Ginsburg’s dissent that argues  companies do not have such rights. Justices Stephen Breyer and Elena Kagan did  not join that section and did not explicitly state their views on the point.

The decision could open the door to other closely held corporations seeking  to withhold coverage for other medical procedures at odds with firm religious  beliefs. It marks the first time that the Supreme Court has allowed companies  the ability to declare a religious belief – a decision that could reverberate  far past the Affordable Care Act to other laws and issues.

(Earlier  on POLITICO: Hobby Lobby aims for Obamacare win, Christian...)

In the short term, the ruling appears to allow the owners of Hobby Lobby and  Conestoga Wood Specialties to opt out of the health care law’s requirement that  they provide all FDA-approved forms of birth control in their health plans.

The court’s latest decision promises to reignite a national debate over  women’s health and access to contraception ahead of this fall’s mid-term  elections. It is likely to force House and Senate candidates to answer for  whether they supported the contraception coverage, a provision that’s more  politically popular than the law itself. Advocates have promised to make it an  election issue.

The Obama administration and women’s health groups have warned that if they  lost in the Supreme Court, the ruling could have much broader health coverage  implications. If a company can skirt the contraception requirement, what’s to  prevent another employer from objecting to providing access to vaccines or blood  transfusions on religious grounds, they asked.

Justice Ruth Bader Ginsburg, in her dissent, warned that the ruling that  would have wide repercussions and “untoward effects.”

“Although the court attempts to cabin its language to closely held  corporations, its logic extends to corporations of any size, public or private,”  she wrote.

The Obama administration argued that the requirement wasn’t a mandate at all  because the companies could have dropped coverage.

“We doubt that the Congress that enacted RFRA — or, for that matter,  ACA–would have believed it a tolerable result to put family-run businesses to  the choice of violating their sincerely held religious beliefs or making all of  their employees lose their existing healthcare plans,” Alito wrote for the  court.

(Earlier  on POLITICO: Poll says most side against Hobby Lobby)

The court’s conservative justices also accuse the Obama Administration and  the dissent of questioning the religious beliefs of the families that own the  two closely-held companies, in particular the owners’ position that providing  the contraceptive coverage would put a substantial burden on their religious  views.

“HHS and the principal dissent in effect tell the plaintiffs that their  beliefs are flawed. For good reason, we have repeatedly refused to take such a  step,” Alito wrote.

Ginsburg and the dissenters sharply disagreed with the pointed critique.

“The Court levels a criticism that is as wrongheaded as can be. In no way  does the dissent ‘tell the plaintiffs that their beliefs are flawed,” she wrote.  “Right or wrong in this domain is a judgment no Member of this Court, or any  civil court, is authorized or equipped to make. What the Court must decide is  not ‘the plausibility of a religious claim…’ but whether accommodating that  claim risks depriving others of rights accorded them by the laws of the United  States.”

Hobby Lobby and its supporters, including Senate Minority Leader Mitch  McConnell praised the decision.

He said the court made clear that “the Obama administration cannot trample on  the religious freedoms that Americans hold dear” by requiring businesses to  cover birth control in employee health plans under the Affordable Care Act.

(Earlier  on POLITICO: Takeaways from the Hobby Lobby arguments)

McConnell called Obamacare “the single worst piece of legislation to pass in  the last 50 years” and praised the court for agreeing that the contraception  requirement violates the Religious Freedom Restoration Act.

The challenges were brought by the Oklahoma-based Hobby Lobby Stores Inc., a  national craft store chain owned by evangelical Christians with more than 13,000  employees, and Conestoga Wood Specialties, a small Pennsylvania cabinet company  owned by Mennonites.

The owners of both said that they have religious objections to providing  access to certain forms of contraception – Plan B, Ella and certain intrauterine  devices, which they call abortifacients — in their employee health plans. They  had the backing of the Catholic bishops, several Republican lawmakers and at  least 50 other for-profit companies that have filed similar legal  challenges.

There is a separate string of lawsuits filed against the same policy by  religious-affiliated groups, such as Catholic schools.

During a rare 90-minute session of oral arguments before the justices, the  companies argued that the Obama administration is forcing them and their owners  to set aside deeply held religious beliefs by requiring them to provide  contraception in their employee health plans. The owners said they cannot have  any role in providing access to certain forms of contraception without having to  violate those beliefs. Their attorney, former Republican solicitor general Paul  Clement, said that because the Obama administration has provided some exemptions  to the rule – for churches and certain nonprofits – it should be willing to  exempt companies, too.

Read more: http://www.politico.com/story/2014/06/supreme-court-hobby-lobby-dec...

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This is so wrong! The point of having a corporation is to separate the business entity from the person(s) who own it's shares of stock. Mostly for liability and tax purposes. If these religious zealots want to run the business under the beliefs of the person then they should have to do so with a dba(doing business as) for example john smith dba bobbin nobbers and not a PC Plc llc Inc or s or c corp.

I am excedingly happy that Hobby Lobby won. This was a small victory for freedom but the war still rages. I am sick and tired of the Government ramming their crap down our throats.

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