Supreme Court On Obamacare And Contraception: Justices Shoot Down Latest Obamacare Challenge, Send It To The Lower Courts


It seems Obamacare has been one of the most hated and contested policies since it was enacted in 2010 by Executive Order. The Supreme Court has been asked time and time again whether it’s constitutional for the government to tell people where and how they can obtain healthcare, and its response has always been to uphold the Affordable Care Act. This pattern was repeated today when Obamacare was again challenged. Reuters got the inside scoop on the Obamacare issue over contraception.

“The ideologically deadlocked Supreme Court on Monday failed to resolve a major case involving the Obamacare law’s mandatory birth control coverage, telling lower courts to reconsider the matter after tossing out their rulings favoring President Barack Obama.”

The constitution gives the Supreme Court the power of Judicial Review, which allows them to look at laws passed by the President and decide whether they are unconstitutional and need to be nullified.

Supreme Court On Obamacare And Contraception: Justices Shoot Down Latest Obamacare Challenge, Send It To The Lower Courts
The Supreme Court as it was in 2010, when President Barack Obama signed the Affordable Care Act into law. Today, the Supreme Court heard a challenge from employers regarding a section of the Affordable Care Act requiring employers to pay for contraceptives for female employees. [Image via Roberts Court, Public Domain]
The Supreme Court has also faced similar outcry from the public over other laws the Obama administration has passed recently. Some of these laws include a bill making it criminal for ministers to refuse marriage to same-sex couples, and one forcing educators to allow transgender students to select a bathroom based on their gender identity. In these issues, certain Republicans opined that debates such as same-sex marriages should be up to each individual state to resolve on their own.

The issue of contraception has been one hotly debated even before the Obama presidency. Some who believe in the judgement made in Roe V. Wade argue that it is not the government’s place to intervene in what should be a woman’s choice. On the other hand, Roe V. Wade’s opponents say that using contraceptives impede on the sanctity of a baby’s life when it has no choice in the matter.

Supreme Court On Obamacare And Contraception: Justices Shoot Down Latest Obamacare Challenge, Send It To The Lower Courts
Two police officers restraining an anti-contraception protester who interrupted President Obama during a campaign speech at Fifth Third Arena at the University of Cincinatti, Ohio on November 4, 2012. [Photo by Chip Somodevilla/Getty Images]
Others have also stated that forcing an employer to pay for contraceptives which they may not agree with could be considered a violation of their constitutional rights. For some who disagree with contraception for religious reasons, this is an especially urgent issue since the constitution guarantees the right to Freedom of Religious Expression.

The Washington Free Beacon reported on the Justices’ decision to send the case to federal appeals court, which they say was unanimous. In sending the case to the appeals court, the Justices will avoid making a decision on the case despite having the legal power to do so.

The Supreme Court has spoken on issues regarding contraceptive use before. In 1965, a ruling in Griswold v. Connecticut struck down a Connecticut law saying married couples could not use contraceptives, labeling the law unconstitutional and an invasion of privacy. In today’s case, it seems the Justices are hesitant to deprive women who work for faith-based organizations of contraceptives. They are, however, also reluctant to force an organization to follow laws they might disagree with.

So, where is the middle ground between religious freedom and the right to privacy? It’s hard to say for sure. The Affordable Care Act makes it difficult for employers to refuse healthcare to employees, and Obamacare covers more “modern” surgeries such as Gender Reassignment Surgery.

This fact alone makes things a bit of a catch-22 for employers, who cannot legally refuse someone certain procedures but yet are limited in expressing the religious freedoms they are normally entitled to.

[Image via AP Photo/ Charles Dharapak]

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