Supreme Court Accepts Challenge To Obamacare Contraception Mandate

Date: November 09, 2015

Court To Hear Seven Combined Cases Challenging Obamacare Mandate

On Friday the Supreme Court announced it has agreed to consolidate seven cases that challenge the Obamcare contraception mandate. The Washington Post reported the Supreme Court will consider “whether religiously affiliated organizations such as universities, hospitals and charities should be free from playing any role in providing employees with contraceptive coverage.” The Post added the challenges to the law “are something of a sequel to the court’s narrow decision in 2014” in Burwell v. Hobby Lobby, as “the objectors say the contraceptive mandate being carried out by the Department of Health and Human Services violates the Religious Freedom Restoration Act.” CNN reported on its website that Solicitor General Donald Verrilli will argue that Congress, in passing the healthcare law “determined that preventive services for women were ‘critical to improving public health’ and that people were more likely to obtain preventive care when they did not have to pay out of pocket.” Bloomberg News added that Verrilli in court papers has argued the Administration has developed a process that “relieves the employer of any obligation to provide, arrange or pay for the coverage to which it objects.” The Wall Street Journal reported that White House Press Secretary Josh Earnest said he is confident about the Supreme Court case because lower courts have typically upheld the accommodation.

What Happens Next

The New York Times reported that the seven cases “will be consolidated, and the case will be argued this winter or spring and most likely decided by June” 2016. The Hill cautioned that an unfavorable “ruling could deliver a second major blow to” Obamacare’s contraception mandate “in two years.” Politico suggested the case “could represent another Obamacare-Supreme Court flash point in an election year,” although “unlike some of the earlier Obamacare challenges, a ruling against the administration would not cripple the legislation.”

What This Means For Small Businesses

The Supreme Court’s decision to hear these new challenges to the Obamacare contraception mandate will have a direct effect on religiously-affiliated organizations. However, the case’s outcome is likely to have an effect on Obamacare in general. If the challenge to the mandate is upheld, it may generate new boundaries on the contraception mandate of Obamacare for small businesses.

Additional Reading

The Los Angeles Times, the AP, Reuters, and USA Today were among the additional outlets covering the Supreme Court’s decision to hear these cases.

Note: this article is intended to keep small business owners up on the latest news. It does not necessarily represent the policy stances of NFIB.

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