ObamaCare Birth Control Mandate Heading to Supreme Court?

Heather Ginsberg
Posted: Aug 22, 2013 2:10 PM
ObamaCare Birth Control Mandate Heading to Supreme Court?

ObamaCare has so many problems it is most likely going to need another look by the Supreme Court. This time though, for the birth control mandate portion. Lawyers on both sides of the issue see the case going to the high court, maybe as early as next term.

Two federal appeals courts have come down with opposite rulings on an important question related to the policy: whether for-profit businesses and their owners have the right to challenge in court the requirement that businesses provide contraception as part of their insurance coverage.

To give everyone a refresher on what the ObamaCare mandate actually does, is it requires most employers to include contraception in their employees’ healthcare plans without charging a co-pay or deductible. The only employers who are exempt from this law are churches and other houses of worship. Additionally, religious-affiliated institutions, like Catholic schools or hospitals, don’t have to offer or pay for the coverage themselves; however, insurance companies must still make it available without sharing the cost.

Many of us remember back in June when Hobby Lobby won a key victory in this case. A circuit court decided that this company had the right to sue and block the mandate from applying to their business.

The two different rulings from the federal appeals courts increase the chances that we will see this go to the Supreme Court. The way the timing works out, it could be right around the two year anniversary of the first decision on ObamaCare. It is possible that the Supreme Court could not see the case and instead let it play out in lower courts, but everyone is keeping their eyes out for an appeal.

In an effort to keep the government out of every aspect of our lives, it would be great to see the appeal go all the way to the highest court. Maybe after the Supreme Court decides that this is unconstitutional the repeal movement will make some headway.