The Hobby Lobby decision is already being felt in other cases
ABSTRACT: The U.S. Supreme Court handed down its Hobby Lobby decision on June 30 and it is already having a ripple effect. On July 3rd, the Court issued an injunction on a case pending in the lower Federal Courts simplifying the paperwork needed to claim a religious exemption under the Hobby Lobby decision. The female members of the Court issued a dissent to the order.
The Supreme Court majority is wasting little time in granting relief to organizations holding religious objections to aspects of the Affordable Care Act.
In light of the Hobby Lobby decision, Wheaton College, a religious, not-for-profit liberal arts college, (Hobby Lobby, by comparison was forprofit) obtained an injunction from the Supreme Court limiting the nature and extent of the notice Wheaton needed to give to the government in order to opt out of the employer-paid, mandatory contraceptive coverage specified by the Affordable Care Act. Wheaton College v. Burwell, (No. 13A1284).
According to the one and a half-page Order, Wheaton need only notify the Secretary of Health and Human Services (HHS) in writing that it holds itself out as religious and has religious objections to providing coverage for contraceptive services but need not do so on the Government-prescribed form (EBSA Form 700) and need not send copies to health insurance issuers or third-party administrators. The Court was quick to add that this was not a decision on the merits and was only in effect pending a final decision.
Reacting at length to the Court’s concise order, Justice Sotomayor, joined by Justices Ginsburg and Kagan, issued a 17-page dissent. The female justices accused the Majority of expanding the scope of the Hobby Lobby holding, one week after the Majority had described their decision as a limited one.
Further complicating the subject, there is another order, issued back on January 24, 2014, apparently without dissent, which is very similar to the Wheaton College order, but which, depending upon which group of justices is describing, is very different from or very similar in impact to the Hobby Lobby decision. (See, Little Sisters of the Poor v. Sebelius, 571 U.S. _____ (2014)
Under regulations promulgated by HHS before the Hobby Lobby decision, religious not-for-profit organizations could, if based on religious beliefs, avoid bearing the cost of some or all otherwise required contraceptive services in their insurance coverage by certifying their religious status on an EBSA Form 700 and notifying their insurance carriers of their objections.
So far, the only constants in these three decisions have been that each organization has had undisputed, genuine, religious objections to some or all contraceptive coverage and that none have been publicly traded, for-profit corporations.
related services
Missouri Supreme Court establishes elements of a claim for aiding and abetting discrimination, and more ...
NLRB Lacked Substantial Evidence to Find Unfair Labor Practice, Eighth Circuit Finds ...
About Employment & Labor Law Blog
Baker Sterchi's Employment & Labor Law Blog examines topics and developments of interest to employers, Human Resources professionals, and others with an interest in recent legal developments concerning the workplace. This blog is focused on Missouri, Illinois and Kansas law, and on major developments under federal law, and at the EEOC and NLRB. Learn more about the editor, David M. Eisenberg, and our Employment & Labor practice.
Subscribe via email
Subscribe to rss feeds
RSS FeedsABOUT baker sterchi blogs
Baker Sterchi Cowden & Rice LLC (Baker Sterchi) publishes this website as a service to our clients, colleagues and others, for informational purposes only. These materials are not intended to create an attorney-client relationship, and are not a substitute for sound legal advice. You should not base any action or lack of action on any information included in our website, without first seeking appropriate legal or other professional advice. If you contact us through our website or via email, no attorney-client relationship is created, and no confidential information should be transmitted. Communication with Baker Sterchi by e-mail or other transmissions over the Internet may not be secure, and you should not send confidential electronic messages that are not adequately encrypted.
The hiring of an attorney is an important decision, which should not be based solely on information appearing on our website. To the extent our website has provided links to other Internet resources, those links are not under our control, and we are not responsible for their content. We do our best to provide you current, accurate information; however, we cannot guarantee that this information is the most current, correct or complete. In addition, you should not take this information as a promise or indication of future results.
Disclaimer
The Employment & Labor Law Blog is made available by Baker Sterchi Cowden & Rice LLC for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Your use of this blog site alone creates no attorney client relationship between you and the firm.
Confidential information
Do not include confidential information in comments or other feedback or messages related to the Employment & Labor Law Blog, as these are neither confidential nor secure methods of communicating with attorneys. The Employment & Labor Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.