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
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

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. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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