Earlier this week, the Supreme Court of the United States heard oral argument in the Hobby Lobby Stores and Conestoga Wood Specialties cases, which challenge the Obama Administration’s HHS Mandate.
The Mandate requires many employers, under the pain of significant financial penalties and despite their religious objections, to arrange and pay for employee health insurance that covers abortion-inducing drugs, contraceptives, and sterilization.
The American Center for Law & Justice (ACLJ) filed a “friend-of-the-court” brief with the Supreme Court arguing against the Mandate. The brief was filed on behalf of the ACLJ, more than 90,000 ACLJ supporters, and twenty-one family business owners.
The Supreme Court has made the audio recording and the transcript of the Mandate oral argument available to the general public. Reading or listening to the argument gives insight into the positions of both parties—those for and against the Mandate—and into the concerns of the Justices of the Court, who will be deciding the cases by this coming June.
The Court’s decision will impact the more than forty-five other federal lawsuits challenging the Mandate that have been filed by for-profit businesses and their owners, including the seven cases filed by the ACLJ.
The ACLJ has been challenging the HHS Mandate for more than two years.
We have submitted formal comments to HHS when the Mandate was being contemplated, filed seven federal lawsuits against the Mandate, including the first lawsuit filed on behalf of a family-owned business and its owner (e.g., here, here, and here), filed more than fifteen “friend-of-the-court” briefs in support of those who are also challenging the Mandate (e.g., here, here, and here), and filed a certiorari petition with the Supreme Court for it to consider a key issue involved in the various Mandate cases.
To date, we have been fortunate to have obtained injunctions against the application and enforcement of the Mandate for each of our clients.
We will continue to keep you posted about the important events related to the litigation involving the HHS Mandate.
Recommended read: Jay Sekulow’s, Witnessing Their Faith: Religious Influence on Supreme Court Justices and Their Opinions
Edward White is Senior Counsel with the ACLJ and has been practicing law for more than twenty years. He is a graduate of the University of Notre Dame Law School, where he was a Thomas J. White Center for Law & Government Scholar and managing and student articles editor of the Notre Dame Journal of Law, Ethics & Public Policy.
Used with the permission of the American Center for Law and Justice.