Court watchers are saying that two recent and opposing decisions by federal appeals courts on the controversial birth control mandate could bring the matter to the Supreme Court as early as their next term.
The Hill is reporting on two recent decisions concerning whether for-profit businesses and their owners have the right to challenge ObamaCare’s requirement that businesses provide contraception as part of their insurance coverage.
The first decision came in June when the 10th Circuit Court of Appeals ruled in favor of the owners of Hobby Lobby, an arts-and-crafts store chain, allowing them to sue to block the mandate from applying to their company.
“Would an incorporated kosher butcher really have no claim to challenge a regulation mandating non-kosher butchering practices?” the 10th Circuit asked. “The kosher butcher, of course, might directly serve a religious community … But we see no reason why one must orient one’s business toward a religious community to preserve Free Exercise protections.”
If the government decides to appeal this case, which is it is expected to do, there’s a good chance the HHS mandate could land on the desks of Supreme Court Justices as early as next year.
A second case is also winding its way toward the high court. Last month, a panel of judges on the 3rd Circuit Court of Appeals ruled against the owners of a for-profit cabinet-making firm called Conestoga who said the contraception mandate violates their Mennonite faith.
The court ruled that the Hahn family, the owners of Connestoga, could not sue over a policy that applies to its company.
“Since Conestoga is distinct from the Hahns, the Mandate does not actually require the Hahns to do anything,” the court said. “All responsibility for complying with the Mandate falls on Conestoga.”
The owners’ religious beliefs do not “pass through” to the corporation they own, the court said in its ruling.
Alliance Defending Freedom (ADF), the legal group representing Conestoga and the Hahns, is planning to file an appeal to the ruling to the Supreme Court as soon as possible.
“We are hopeful that the court will take this because whether families can exercise religion in their daily lives is an extremely important issue, and it can’t be an issue that has a different answer based on what part of the country you live in,” said Matt Bowman, legal director of the ADF.
In either case, appeals would have to be filed by September 25 in order to make it onto the docket for the next session of the Supreme Court. If this happens, arguments would be held sometime during the year with a decision expected by the end of the term in June, 2014.
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