Supreme Court to Consider New Obamacare Case
Obamacare is before the U.S. Supreme Court again. On Thursday, Alliance Defending Freedom (ADF) lawyers filed the first viable petition for Supreme Court review involving Kathleen Sebelius’ HHS Mandate, which requires employers to provide abortion-related insurance coverage, even if those employers have a religious objection to abortion.
Section 1001 of the Affordable Care Act (ACA, or Obamacare) requires all large employers to offer “preventive services” to their employees or face enormous financial penalties. With President Obama’s approval, Sebelius issued a regulation that defined preventive services to include access to birth control, including those that cause abortions after conception.
The regulation issued by the U.S. Department of Health and Human Services (HHS) only allows narrow exceptions, such as for churches, but leaves other religion-oriented or religiously-owned employers subject to the regulation.
Over 60 lawsuits have been filed nationwide against this unprecedented government command. Many involve nonprofit entities, such as the University of Notre Dame. But roughly 35 of these lawsuits involve for-profit businesses which are wholly owned by a person or family with a religious belief against abortion, such as devout Christians.
These lawsuits argue both that the HHS Mandate violates the Free Exercise Clause of the First Amendment as well as a federal law called the Religious Freedom Restoration Act (RFRA). The federal appeals courts have split on whether a religiously-owned business can claim religious-liberty protections and whether requiring people to provide abortion-related services is a substantial burden on religious faith…The [Supreme] Court will likely vote in November whether to hear arguments in the case, which, if granted, would occur next spring.
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