Topics: Obamacare

Supreme Court rules in favor of Hobby Lobby; Sandra Fluke hardest hit

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Beltway Confidential,Opinion,Obamacare,Ashe Schow,Contraception,HHS,Hobby Lobby,Sandra Fluke

In a 5-4 decision, the Supreme Court ruled Monday that arts and crafts retailer Hobby Lobby does not have to follow Obamacare's contraception mandate because it violates the Religious Freedom Restoration Act of 1993.

Naturally, free birth control's biggest proponent, Sandra Fluke, was not happy.


Fluke had 15 minutes of fame two years ago when she testified before Congress, claiming that birth control should be provided free to women because they cannot afford to pay for it themselves.

She insisted on birth control being free, even though birth control pills, on average, cost as little as $15 to $50 a month, according to Planned Parenthood.

But the Department of Health and Human Services officials argued that birth control should be covered without requiring a co-pay among Obamacare's list of preventive services for women. Because pregnancy is a disease, or something.

Hobby Lobby already provides its employees with health insurance that covers 16 forms of the 20 contraceptive methods approved by the Food and Drug Administration, a point usually left out or buried by liberal precincts of the mainstream media.

But Hobby Lobby didn't want to cover the four contraception methods that prevent "an already fertilized egg from developing any further," according to the Supreme Court decision.

Supreme Court Justice Samuel Alito, writing for the 5-4 majority, said that, as applied to closely held for-profit corporations (a company owned primarily by a small number of individuals, like a family) such as Hobby Lobby, the HHS mandate violates the 1993 law.

The RFRA prohibits the government from infringing on a person’s exercise of religion unless it “is in furtherance of a compelling governmental interest” and the “least restrictive means of furthering that compelling governmental interest.

Alito wrote that the Obamacare mandate, which exempted churches and nonprofit religions organizations, effectively redefined who is protected under the RFRA.

“HHS’s concession that a nonprofit corporation can be a ‘person’ under RFRA effectively dispatches any argument that the term does not reach for-profit corporations; no conceivable definition of ‘person’ includes natural persons and non-profit corporations, but not for-profit corporations,” Alito wrote.

To be clear, the court’s ruling did not ban birth control or allow bosses to “deny employees coverage of birth control,” as Fluke alleged.

Birth control is still out there. Women who want it can get it right now. Their employers can’t stop them from obtaining contraceptives. It’s just that now those employers don’t have to provide the coverage without a co-pay.

Which is exactly how the world worked in the dark ages before Obamacare — back in that disease-ridden, poverty-stricken, all-around dearth of human achievement 2012.

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