Contraception is my business
March 25, 2014 10:52 AM Subscribe
posted by roomthreeseventeen (161 comments total)
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This morning, the Supreme Court heard arguments in Sebelius v. Hobby Lobby Stores, Inc.
and Conestoga Wood Specialties Corp. v. Sebelius
, two cases where private corporations have challenged the Affordable Care Act's contraception coverage mandate.
, and previouslyThe Hobby Lobby SCOTUS Circus, in Pictures
Salon: 4 really important things you should know about the Hobby Lobby SCOTUS case
: Hobby Lobby already covered 16 of the 20 methods of contraception mandated under the Affordable Care Act, but it didn’t cover Plan B One-Step, Ella (another brand of emergency contraception) and two forms of intrauterine devices. This is because the owners of Hobby Lobby have incorrectly labeled these methods of birth control and emergency contraception as “abortifacients,” a claim popular among anti-choice ideologues but refuted by scientific evidence and major reproductive health associations.
WSJ Live Blog of the arguments
Mother Jones: Are You There, God? It's Me, Hobby Lobby
: Motives aside, theoretically the court in Hobby Lobby is being asked to make an entirely subjective judgment as to the sincerity of a plaintiff's religious beliefs and whether a government regulation poses a "substantial burden" on them. Such things aren't easily measured, and doing so puts the courts at risk of passing judgment on the religious beliefs themselves, a big constitutional no-no. That's why back in 1990 the court abandoned the Sherbert test for something more straightforward: Is the law generally applicable or does it single out a specific religious belief for punishment?
ThinkProgress: Justice Kennedy Thinks Hobby Lobby Is An Abortion Case — That’s Bad News For Birth Control
: Kennedy did something different, he did not weigh in on the question of whether non-abortions can count as abortion — indeed, he seemed to understand the difference between birth control and abortion. Nevertheless, he looked at the government’s requirement to provide birth control coverage and envisioned a future law compelling Hobby Lobby to pay for actual abortions — just as he once gazed upon a requirement to buy health insurance and imagined the government forcing everyone to buy broccoli. In Justice Kennedy’s Courtroom, the government doesn’t have to defend the law it actually passed, it has to defend the worst law Kennedy can imagine them passing — even if that law would never make it through Congress.
NPR: High Court Seems Divided Over Birth Control Rule