Legal News

Supreme Court Hears Oral Arguments in Case Against Contraceptive Provision of Affordable Care Act
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The Supreme Court Justices had trouble with the question of a private company skirting around a federal law simply by citing religious beliefs of the company shareholders, according to the Huffington Post.

A provision of the Affordable Care Act is being challenged by Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp.

  
What
Where


Hobby Lobby Stores is a Christian-owned crafts supply chain. Conestoga Wood Specialties is owned by Mennonite Christians. Both companies are challenging the provision of the Affordable Care Act that requires all non-profit businesses to include contraceptives approved by the FDA in health insurance plans.

The attorneys for Hobby Lobby argue that the law violates their constitutional right to religious freedom when forced to cover all birth control or they will be fined. The owners of the company are against emergency contraception and intrauterine devices, believing that they are forms of abortion.

The mandate in the law has exceptions in place for religious schools, hospitals and churches. For-profit businesses are required to carry all forms of preventive care. This includes intrauterine devices, birth control and emergency contraception. They must be provided to employees at no cost.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The attorney for Hobby Lobby is former Solicitor General Paul D. Clement. The female justices asked the most questions during oral arguments on Tuesday.

“There are quite a number of medical treatments that could be religiously objected to,” Justice Elena Kagan stated. “Everything would be piecemeal, nothing would be uniform.”



Kagan went on to suggest that companies would be able to challenge other federal laws. She mentioned family leave requirements, minimum wage and child labor laws as examples because of their religious beliefs.

Justice Anthony Kennedy is expected to be the swing vote in the case. He questioned both sides immensely on Tuesday.

“How would we consider the rights of employees?” Kennedy asked. “The employees may not believe … in the religious beliefs of the employer.”

The attorney for the Obama Administration, Solicitor General Donald Verrilli Jr., said the state and federal laws “don’t consider these particular forms of contraception to be abortion.”

In a brief, Verrilli argued, “Allowing a corporation, through either shareholder vote or board resolution, to take on and assert the religious beliefs of its shareholders in order to avoid having to comply with a generally-applicable law with a secular purpose is fundamentally at odds with the entire concept of incorporation.”



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney with motions experience

USA-WA-Seattle

Seattle office of our client seeks mid-level litigation attorney with 3-5 years of experience, inclu...

Apply Now

Environmental /Land Use Attorney with 2-3 years of experience

USA-CA-San Francisco

San Francisco office of our client seeks environmental /land use attorney with 2-3 years of experien...

Apply Now

Litigation Attorney with 2-5 years of insurance defense experience

USA-FL-Jacksonville

Jacksonville office of our client seeks litigation attorney with 2-5 years of previous insurance def...

Apply Now

Attorney with 5+ years of complex litigation experience

USA-MI-Detroit

Detroit office of our client seeks attorney with 5+ years of complex litigation experience. The cand...

Apply Now

RELEVANT JOBS

Experienced Insurance Defense Attorney Needed

USA-NY-Bohemia

Insurance Defense firm (with 15 attorneys in Suffolk and Mineola location), seeks attorneys with 5+ ...

Apply now

ASSOCIATE ATTORNEY

USA-TX-Houston

INSURANCE DEFENSE / TRANSPORTATION LITIGATION Law firm located in North Houston seeking an associ...

Apply now

Hotline & Training Managing Attorney (IMMIGRATION)

USA-NY-New York City

Summary: The Hotline & Training Services Managing Attorney will guide, develop, and supervise the Ho...

Apply now

Legal Assistant / Paralegal

USA-TX-Houston

Our  law firm is currently seeking a qualified applicant to fill the position of a Legal Assist...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top