The Hobby Lobby Case: Is It the Beginning of the End for Obamcare?

This past Tuesday the United States Supreme Court heard oral arguments for two cases, Sebelius v. Hobby Lobby and Conestoga Wood v. Sebelius. Both of these cases, together popularly known as the "Hobby Lobby" case, deal with the contraceptive mandate in the Affordable Care Act (A.C.A) The owners of these two companies are deeply religious and view the mandate as a violation of their freedom to practice their religion, by being forced to supply contraceptives to their employees through mandates insurance programs, that violate their faith based beliefs.

The reason that this case is so important is because of the potential ramifications it can have in the future for the entire structure of the ACA. If the Supreme Court were to rule in favor of Hobby Lobby, and allow these private companies to selectively administer health care coverage to their employees it would set an important precedent. This "slippery slope" was noted by two of the more liberal justices on the court.

Justice Sonia Sotomayor wondered whether other employers with religious objections would be able to opt out of covering medical procedures, such as vaccines or blood transfusions. "One religious group could opt out of this, and another religious groups could opt out of that, and everything would be piecemeal, and nothing would be uniform," chimed in Justice Elena Kagan

Taking a historical view on this case, one is reminded of the landmark decision of Roe v. Wade, which legalized abortions nationwide before a certain time, prescribed within the "trimester framework". The similarity lies in the strategy that was, and is being used by opposition groups to minimize the effectiveness of these various laws. Pro-life groups have systematically brought cases before the courts that incrementally chipped away at the core of the Roe v. Wade decision. In many states, where there are only one or two abortion clinics, the "the right to an abortion" is nothing more than a paper tiger that in reality has no real tangible effect on women's lives or their supposed rights.

The same sort of paper tiger law could be born again, starting with the court ruling in favor of Hobby Lobby in this case. As both justice Sotomayor and Justice Kagan pointed out, if this exception is made, why could not other exceptions be made. The slippery slope of legislative and judicial appeasement could result in the minoirity enjoying their protected rights, while the majority of people are subjected to a disuniformed healthcare system, resembling the one which the ACA was intended to fix.

However, the plaintiffs in this case do you have a valid argument, and the importance of religious freedom and choice are critically important to the independence that all citizens should be entitled to enjoy in this country. But in my opinion, I fail to see how their religious freedom and that of their company are interconnected. I am sure that of  Hobby Lobby's 13,000 workers  there are many that participate in activities that do not coincide with the religious beliefs of their employers. Does this mean that Hobby Lobby should fire them, or not even hire them in the first place? The confusion that occurs when trying to prescribe rights to a corporation is illogical. Furthermore, when attempting to place rights in the hand of a corporation there is confusing gray area that emerges.

The owners of Hobby Lobby have every right to practice whatever religion they choose. But in my opinion, their corporation does not have the right to choose a religion to follow. If the court were to rule in Hobby Lobby's favor then this corporation should have to only sell their products to consumers who follow and practice the same religion as the producers of their products. Justice Sotomayor and Justice Kagan's observation that the ability for corporations to pick and choose what aspects of laws to follow based off their religious beliefs creates a non-uniform marketplace, that does not prove equitable solutions or products.

All though I hope the Court's majority will rule against Hobby Lobby I very much doubt they will. The past case of Citizens United demonstrated the court willingness to extend fundamental rights to corporations, and I doubt they will see much of a difference in this particular case. If the court does rule in favor of Hobby Lobby then this could be the first substantial crack in the ACA. It leaves open the question of who, or what corporation, will next bring forth a case demanding that they do not have to adhere to the ACA. The continuation of these separate lawsuits chipping away at the very core of this law could result the law itself being gutted and essentially useless. While it is impossible to predict the future, this case could be a step in the direction of nullifying President Obama's landmark piece of legislation.