Hobby Lobby Case Set To Be Decided By The Supreme Court Soon

Hobby Lobby Case Set To Be Decided By The Supreme Court Soon

The Supreme Court has heard the highly visible case, and now the justices are set to make a decision that could redefine the requirement of businesses to cover FDA-approved contraceptives as a preventive service. Whether or not the justices will side with Hobby Lobby remains to be seen. While total elimination of the mandate is not expected, the Court has a range of options from which to choose as it seeks to find the right balance between enforcement of the Affordable Care Act and First Amendment protection for the corporate challengers.

The outcome of this case could bear particular significance for deciding who can partake of full protection under the First Amendment. By extending full “personhood” to corporations under the Constitution, the Supreme Court would encourage corporations to be more active in seeking protections and demanding rights in areas heretofore considered reserved for individual citizens. The National Journal explains, “the most sweeping option is a broad First Amendment proclamation that all corporations have a fundamental right to exercise religion, in this case by refusing to cover birth control in their employees’ health care plans. This outcome would be almost a sequel to the Citizens United case on campaign finance laws and free speech. It would probably open the door for any company to challenge a slew of state or federal regulations, and would allow any corporation to avoid the contraception mandate—potentially affecting millions of women.”

Regardless of the option chosen, the outcome will be a provocative one. After the Court, last week, captured the nation’s attention by denouncing the President’s overreach of authority in filling vacancies, its decision in this monumental case has the potential to create far-reaching consequences for many in many areas. At minimum, one can only hope that the outcome at least helps to inject some uniformity and order into a mammoth health care program that has to date been recognized primarily for its chaos and inefficiencies.

No comments yet.

Leave a Reply