Photo Credit: AP / Evan VucciThe U.S. Justice Department is telling the Supreme Court that killing a human embryo by preventing the embryo from implanting in his or her mother’s uterus is not an “abortion” and, thus, drugs that kill embryos this way are not “abortion-inducing” drugs.

On Tuesday, the Supreme Court will hear oral arguments in the case of Sebelius v. Hobby Lobby. The crux of the administration’s argument in this case is that when Christians form a corporation they give up the right to freely exercise their religion–n.b. live according to their Christian beliefs—in the way they run their business.

It is in the context of this case, that the administration is making its argument that killing an embryo seeking to implant in his or her mother’s womb is not an abortion.

The dispute involves a regulation that Health and Human Services Secretary Kathleen Sebelius issued under the Affordable Care Act. This regulation says that virtually all health insurance plans must cover, without any fees or co-pay, all FDA-approved “contraceptives.”

But what the FDA and the regulation call “contraceptives” include drugs and devices that sometimes work not by preventing conception but by ending a human life after conception. In other words, in these circumstances, the mandated drugs and devices are not contraceptives at all, but post-conception killing agents.

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