Today Obamacare was handed a set-back and The Little Sisters of the Poor got a check in the win column.
Kind of.
The Supreme Court rid itself Monday of a knotty dispute between faith-based groups and the Obama administration over birth control. The court asked lower courts to take another look at the issue in a search for a compromise.
The justices issued an unsigned, unanimous opinion in a case over the arrangement devised by the administration to spare faith-based groups from having to pay for birth control for women covered under their health plans.
Basically the Supreme Court punted the decision back down to four federal appeals courts.
In Zubik v. Burwell, re ACA contraceptive mandate, Court remands lower-court judgments for further proceedings.
— SCOTUSblog (@SCOTUSblog) May 16, 2016
The Court has not decided whether the birth-control mandate violates the Religious Freedom Restoration Act.
— SCOTUSblog (@SCOTUSblog) May 16, 2016
Below is a quick recap of the history of this case.
The lawsuit involves the Department of Health and Human Services’ federal contraception mandate, which requires employers to provide contraception and drugs that can produce abortions in employee health plans. While the government has offered an exemption to many corporations, it has no exemption for the Little Sisters of the Poor, who help run houses to care for the elderly poor.
In response to objections regarding the mandate, the federal government “adjusted” the mandate and made “accommodations.” Basically the accommodation forced the Little Sisters to direct their insurance provider to still provide coverage they didn’t want to employees at the risk of very steep fines. The oral arguments took place in front of the Supreme Court in late March of this year.
The Little Sisters argument also outlined that Obamacare and the federal government was forcing them to act as facilitators and gatekeepers over the coverage…and essentially having their healthcare plan “hijacked” by the feds in a major overreach of authority.
Understandably, depending upon which side of the argument you are on and even how this is viewed politically, the reaction is mixed.
And since SCOTUS vacated the lower court rulings, this is basically a win for Little Sisters. For now. https://t.co/9mnNRRe8wu
— Ryan T. Anderson (@RyanTAnd) May 16, 2016
Little Sisters’ attorneys praise today's SCOTUS decision, calling it “an important win,” adding that battle’s not over.
— Mollie (@MZHemingway) May 16, 2016
Gigantic punt, leaves tens of thousands of women in limbo for another year or more. https://t.co/4Fujr0oQpk
— Greg Lipper (@theglipper) May 16, 2016
I had to chuckle at the above comment as I doubt that tens of thousands of women have been sitting around on their hands waiting for the SCOTUS decision that will suddenly ‘magically’ deliver free contraception right to their doorstep. However, this brings me to the following:
This is an invitation for Obama admin to issue new regs taking religious employers out of the loop on contraception. pic.twitter.com/M1ejFvyQSF
— Gabriel Malor (@gabrielmalor) May 16, 2016
Sadly, given Obama’s recent “kingly decree” that completely flies in the face of the Constitution, he’s probably correct. I wouldn’t put it past Obama to pitch a fit and with several swipes of the pen issue new rules that will be difficult to countermand at any level, and continue to jeopardize the religious freedoms this Republic was founded upon.
This is a win for the Little Sisters and the other plaintiffs as the ruling could’ve been either 5-3 in favor of Obamacare or a 4-4 affirmation of the case. How solid of a win is yet to be determined. Now its up to the lower courts to work things out per the Supreme Court’s direction. This tempered “win” also highlights the very real stakes we face in this election as the next SCOTUS noms may see this case or a variation of it again.
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