The United States Supreme Court ruled 5-4 in Burwell v. Hobby Lobby Stores Inc. that if you like your God, you can keep your God, even if you run a business.
The Obama administration tried to require that health plans provided at work cover contraception and morning-after pills, no matter what an employer’s religious convictions.
The Green family, owners of Hobby Lobby craft stores and a chain of Christian bookstores, provide insurance but refuse to cover morning-after pills such as Plan B and Ella, because these drugs violate their religious principles.
The Obama administration insists that saving women $35 for the Ella pill outweighs protecting an employer’s religious liberty.
Democratic politicians hyped this battle as Armageddon for women’s reproductive rights. Valerie Jarrett, senior adviser to the president, fanned the flames, accusing employers of “trying to take this right away from women.”
Nineteen U.S. senators and 91 members of the House of Representatives, all Democrats, filed briefs supporting Obama’s legal war against Hobby Lobby. Sens. Patty Murray and Barbara Boxer said the outcome would decide “whether a CEO’s personal beliefs can trump a woman’s right to access free or low-cost contraception under the Affordable Care Act.”
Nonsense. Women have a constitutional right to use birth control, but there is no “right” to get it at work. Nor does the Affordable Care Act guarantee that health plans cover it. ObamaCare would not have passed with such a guarantee.
Section 2713 of ObamaCare requires plans to cover services that the U.S. Preventive Services Task Force rates as A or B. Birth control didn’t make the list. The law also gives the Health and Human Services secretary – a presidential appointee – discretion to add other requirements, and then-Secretary Kathleen Sebelius did. (The next administration could undo that.)
Shockingly, Justice Elena Kagan declared during oral arguments on March 25: “Congress has made a judgment and Congress has given a statutory entitlement, and that entitlement is to women and includes contraceptive coverage.”
Wrong, Justice Kagan. Did you forego reading the law, like most members of Congress?