Part 1
Facts about Sebelius vs. Hobby Lobby
Part 2
Implications if Hobby Lobby Wins
Part 3
Implications if Hobby Lobby Loses
PART 1
Facts about Sebelius vs. Hobby Lobby
 9 Supreme Court Justices
3 females and 6 males
 Hobby Lobby
Owned by the Green family – belong to Southern Baptist church
Roughly 13,000 employees
 Kathleen Sebelius
Health & Human Services Secretary
 Oral arguments were March 25, 2014; ruling expected late June 2014
 Opposed to 4 out of the 20 types of contraceptives
IUD made out of copper
IUD that includes progestin
Plan B (emergency contraceptive)
Ella (emergency contraceptive)
 Opposed to related education and counseling
 Believe the 4 forms cause abortions
 Requirement to cover the 4 forms violates religious beliefs
 There are 2 main sides to this case
 Hobby Lobby Supporters
Believe it is an infringement against 1 st Amendment rights
 Government Supporters
Believe a company should not be able to pick and choose
what benefits the insurance policy covers
 Does the Religious Freedom Restoration Act (1993) allow a
for-profit corporation to deny contraceptive coverage based on
the religious views of the owner
 Are the 1st Amendment rights of non-profit owners more
important than the rights of a corporation owner
 National Institute of Health, Mayo Clinic, and International
Federation of OB/GYN all agree:
“the morning-after pill does not prevent implantation, the
medical beginning of pregnancy”
 It prevents fertilization the same way the 16 types of
contraception Hobby Lobby approves of do
 RU-486/Mifeprex (abortion pill) is not considered a
contraceptive; therefore, is not covered under Affordable Care
Act
PART 2
Implications if Hobby Lobby Wins
 Sotomayer regarding United States vs. Lee (1982)
 Slippery slope effect regarding other healthcare related issues
 Sets a precedent that companies could impose religious beliefs on
employees
 Decreases the pool of willing employees to work for Hobby Lobby
 A lawsuit regarding sex discrimination would likely be filed
 Opens the flood gates for other discrimination cases
 Public backlash
 Decrease in competitive advantage
 Stance is hypocritical based on where their suppliers are
located
PART 3
Implications if Hobby Lobby Loses
 Companies might eventually be forced to recognize same-sex marriage in
regard to including domestic partners on health insurance coverage
 Hobby Lobby will choose to pay the fine vs. provide coverage
 Religious liberty loses meaningfulness
 Opens up doors to government requiring other religious to go against their
beliefs (Quaker example)
 Maintains initial precedent set for how corporations are viewed in relation
to their corporate veil (would uphold Domino’s Pizza vs. McDonald)
 Protects the religious rights of employees
 Hobby Lobby could potentially have access to health records since it is
self-insured (HIPAA loophole)
 Potential to set precedent for limiting other 1 st Amendment rights
CONCLUSION
A company’s right to do
something does not mean the
company should do something…
Provide an insurance policy that covers all forms of
contraception
OR
Replace healthcare coverage with higher wages and a
calibrated tax
 http://www.scotusblog.com/case-files/cases/sebelius-v-hobby-lobby-storesinc/
 http://mediamatters.org/research/2014/03/24/what-media-should-knowabout-hobby-lobby-and-th/198591
 http://www.motherjones.com/politics/2014/03/hobby-lobby-supreme-courtobamacare
 http://www.cnn.com/2014/03/25/politics/scotus-obamacare-contraceptionmandate/
 http://ronpaulinstitute.org/archives/featuredarticles/2013/december/08/hobby-lobby-case-is-about-rights,-notcontraceptives.aspx
 http://en.wikipedia.org/wiki/Sebelius_v._Hobby_Lobby#Implications