The Supreme Court ruled 5-4 in Burwell v. Hobby Lobby that employers with religious objections, such as Hobby Lobby which is closed on Sundays, the biblical day of rest, can opt out of providing contraception coverage under Obamacare.
Attorney for the opponents, former Republican solicitor general Paul Clement, argued that since the Obama administration has provided some exemptions to the Health Care Law for churches and certain nonprofit organizations, the administration should be consistent in exempting companies, as well.
“Under the standard that [the Religious Freedom Restoration Act] prescribes, the HHS contraceptive mandate is unlawful,” Justice Samuel Alito wrote in the opinion, which was joined by Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Anthony Kennedy.
Today’s ruling decides only a small provision of Obamacare and will not destroy the entire health care law but it is a wakeup call for Obamacare and its backers. The Supreme Court has handed Obamacare opponents their most significant political victory against the health care law, reinforcing their claim that the law and President Barack Obama are encroaching on Americans’ freedoms and threatening religious freedom especially.
“Under the standard that [the Religious Freedom Restoration Act] prescribes, the HHS contraceptive mandate is unlawful,” Justice Samuel Alito wrote in the opinion — joined by Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Anthony Kennedy.
Summary of case opinions …
Majority
Samuel Alito, joined by John G. Roberts, Antonin Scalia, Anthony Kennedy, Thomas
Concurrence
Anthony Kennedy
Dissent
Ruth Bader Ginsburg, joined by Sonia Sotomayor; Stephen Breyer, Elena Kagan (all but part III-C-1)
See also …
Supremecourt.gov BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. HOBBY LOBBY STORES, INC., ET AL. [PDF]
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