Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Supreme Court to Decide Hobby Lobby’s Challenge to Affordable Care Act

Author: Scarinci Hollenbeck, LLC

Date: April 29, 2014

Key Contacts

Back

The United States Supreme Court will decide whether a business such as Hobby Lobby is required to provide its female employees with health insurance that includes access to birth control, even if doing so violates the religious beliefs of the company’s owners.

Oral arguments in the case of Sebelius v. Hobby Lobby Stores were heard on March 25, 2014.

The owners of Hobby Lobby and the Christian bookstore chain Mardel, object to the provisions of the Affordable Care Act (ACA) that require companies to provide their female employees with health insurance that includes no-cost access to 20 forms of birth control, including two types of the “morning after pill” and two kinds of interuterine devices (IUDs). The owners of Hobby Lobby believe that human life begins at conception, so their compliance with the ACA in providing these forms of birth control would make them “complicit in abortion.”

Hobby Lobby argued that the mandate to provide birth control to its employees violated the Religious Freedom Restoration Act (RFRA) and the individual’s religious rights under the First Amendment. RFRA provides that the government cannot impose a “substantial burden” on the exercise of religion unless that burden uses the narrowest possible way to promote a very important interest of the government.

During oral arguments, three of the Court’s more liberal Justices (Sotomayor, Kagan and Ginsburg) focused on the potential scope of allowing companies to refuse medical treatment on religious grounds. The Justices were concerned opening the door would lead to refusals to cover vaccinations, blood transfusions or other potentially objectionable procedures. They worried that a decision in Hobby Lobby’s favor would result in religious objectors coming “out of the woodwork.”

The Justices also examined the “substantial burden” on Hobby Lobby for exercising its religious beliefs. If the company decided not to provide insurance for its employees at all, the cost would be a penalty of $2000 per employee, which is likely less expensive than paying to provide insurance. Thus, the Justices reasoned there may not be a substantial burden.

The Court also discussed whether a corporation has the right to exercise religion, but seemed to believe this case could be limited to corporations that are owned entirely by one family, as is the case here.

Justices Breyer and Kennedy appear to hold the swing votes. Breyer asked few questions during arguments and they did not reveal which way he is leaning. Kennedy’s only indication of his thoughts occurred when he mentioned that under the government’s view of the case, a for-profit company like Hobby Lobby could also be required to pay for insurance that would cover abortions.

Check back in June for an update on the Court’s ruling.

If you have any questions about this case or would like to discuss your company’s policies, please contact me, or the Scarinci Hollenbeck attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: