Supreme Court to Hear Challenge to Affordable Care Act's Contraception Mandate

The Supreme Court agreed on Tuesday to hear a new challenge to the Affordable Care Act to decide whether employees can refuse to provide workers with mandated insurance coverage for birth control. 

The court accepted two cases that bring up the issue of religious freedom and gender equality. The cases also confront whether secular, for-profit corporations are protected by the Constitution or federal statute from complying with the law due to employers' religious beliefs, according to The Washington Post.  

One case that will be heard is brought by the owners of Hobby Lobby, a chain of arts-and-crafts stores that is run on religious principles. The U.S. Court of Appeals for the 10th Circuit in Denver ruled that they could not force the company to comply with the contraceptive mandate because it would violate the Religious Freedom Restoration Act, according to The Associated Press. The opinion was divided, and relied partly on the Supreme Court decision in Citizens United v. Federal Election Commission that ruled corporations have the right to political speech like individuals. 

"We see no reason the Supreme Court would recognize constitutional protection for a corporation's political expression but not its religious expression," Judge Timothy Tymkovich wrote for the majority.

The second case yielded the opposite ruling. A U.S. Court of Appeals for the 3rd Circuit in Philadelphia ruled that a cabinet-making company owned by a Mennonite family must comply with the contraceptive mandate. 

"Even if we were to disregard the lack of historical recognition of the right, we simply cannot understand how a for-profit, secular corporation - apart from its owners - can exercise religion," wrote Circuit Judge Robert E. Cowen.

The Religious Freedom Restoration Act prohibits the federal government from imposing a "substantial burden" on a person's exercise of religion unless there is a "compelling governmental interest" and the measure is a subtle way of achieving said interest. 

The cases will be both be heard in an oral argument in March. 

White House press secretary Jay Carney stated, "We believe this requirement is lawful and essential to women's health and are confident the Supreme Court will agree. (...) The President believes that no one, including the government or for-profit corporations, should be able to dictate those decisions to women."