The Hobby Lobby lawsuit over whether government can impose Obamacare mandates on companies whose owners’ religious beliefs conflict with portions of the law is set to go before the Supreme Court today.
At issue is the Obamacare contraception coverage mandate, which requires employers to provide birth control coverage for employees as part of their overall health insurance. The outcome could determine the extent to which the government can enforce Obamacare’s contraception insurance mandate.
It could also determine whether Constitutional protections for individuals’ religious freedoms will be construed, by the courts, as equally applicable to the companies those individuals own — and how an employer’s religious views will reconcile with the religious views of their individual employees.
The plaintiffs, Hobby Lobby and Conestoga Wood Specialties of Pennsylvania, are invoking the Religious Freedom Restoration Act of 1993, which prohibits the government from placing a “burden [on] a person’s exercise of religion.” The companies aren’t the only ones that have filed suit over the mandate; the High Court consolidated dozens of similar cases in accepting the Hobby Lobby and Conestoga suits.
“[W]hether it is the individuals, the corporations, or both who are exercising religion, the government cannot simply wish away the reality that its policies substantially burden Respondents’ religious exercise in a wholly unjustified manner,” the plaintiffs argued in a brief last month.
The government maintains that companies are not provided the same Constitutional protections reserved for individual citizens.
The Supreme Court will hear 90 minutes of oral arguments from both sides today.
Don’t expect a decision by the Court to revolutionize Obamacare — as SCOTUSblog’s Lyle Denniston observed in an analysis of the case last week, “[t]he nation’s politics, and many of its legislatures (including Congress), are absorbed with debates over whether to keep the law, to amend it, to render it unenforceable, or to repeal it altogether. None of that depends upon the outcome of this case. The Court has not been asked to strike down any part of the law, and it almost certainly won’t volunteer to do so.”