Supreme Court Dodges ObamaCare Abortion and Contraceptive Mandate

May 16, 2016

WASHINGTON, DC – Today the U.S. Supreme Court sent several cases dealing with religious exemptions to the ObamaCare contraception and abortion drugs and devices mandate back to lower courts in an attempt to get the sides to resolve a compromise. Obama Administration’s HHS mandate requires that non-church religious organizations must provide contraceptive and abortion-inducing drugs and devices at no cost to the employees. 

The Court said it was not deciding the cases on the merits but instead sent them back down to the lower courts for opposing parties to see if they could work out a compromise. It appears members of the Court believe there is a way for an employer to object to the insurance company at the time the coverage is negotiated so that it can avoid providing the offensive drugs and devices while forcing the insurance company to pay instead. However, self-insured employers are also the insurance company, so it is hard to see how this proposed compromise has any real meaning.

Liberty Counsel filed an amicus brief on behalf of Little Sisters of the Poor, a group of nuns dedicated to serving the elderly poor. Liberty Counsel also filed the first private challenge to ObamaCare the same day President Obama sign it into law.

“Little Sisters of the Poor and many other religious, nonprofit organizations cannot and will not participate in killing innocent children,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The federal government should never force Christian ministries to violate their faith in order to continue their mission. The Obama Administration’s HHS mandate should be repealed. It runs counter to the religious liberty protections for religious employers. Today, the Supreme Court merely kicked the can down the road rather than resolving this critical issue. This case is far from over because religious employers cannot be forced to kill children,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.