Not one word in the Affordable Care Act guarantees health plans will cover birth control products. There is no right. President Obama and his Secretary of Health and Human Services added that requirement by regulation. Women have a constitutionally protected right to use birth control, but nothing guarantees that they can get it from an employer.
It was shocking to hear Justice Kagan make the same spurious claim — that women are entitled to employer provided contraceptives — during oral argument: “Congress has made a judgment and Congress has given a statutory entitlement and that entitlement is to women and includes contraceptive coverage.” Wrong, Justice Kagan. Did you also forego reading the law, like most members of Congress?
Because of Democrat obfuscation, most Americans have no clue about what is actually at issue in this case.
The distinction between a regulation and a law is no small matter. As Hobby Lobby’s lawyer stressed in his closing statement, a statute, in this case Congress’s Religious Freedom Restoration Act, trumps a regulation.
In other words, the Obama administration wrote the contraception requirement into the law after it had passed. There is no requirement for contraception in the actual law. The RFRA is also a law, and as such, it overrides any regulation to the contrary.
There are other issues, such as whether Hobby Lobby itself qualifies for relief under the RFRA, but it’s suprising that SCOTUS justices would question the basic contention that statute trumps regulation, not to mention that contraception is not mentioned in the Obamacare statute at all.
In other works when Socialist Warrior Kagan says that Congress provided for the contraception requirement, she’s either a liar or an ignoramus.
I vote for both.