ACA Contraception Case Picks up Speed

In Hobby Lobby Stores Inc. v. Sebelius, for-profit employers are challenging the contraception provisions of the Patient Protection and Affordable Care Act (ACA). They argue that these provisions violate their rights to religious freedom.

This case gained national attention when Hobby Lobby’s request for emergency relief was denied by the U.S. Supreme Court and sent back to the lower courts.

The case takes on a new twist as the 10th Circuit Court of Appeals recently granted Hobby Lobby’s requests for expedited oral arguments and for the full court to hear the appeal instead of a three-judge panel. Typically, Circuit Court cases are heard by a three-judge panel and then the losing party would ask for the full court to hear the case. By skipping the three-judge panel step and expediting oral argument, the Circuit Court is accelerating the process by which the case will be decided by the courts.

If Hobby Lobby is ultimately granted an injunction, for-profit companies that are founded on religious principles may be able to avoid covering certain types of contraceptive services. However, this would not allow plans to avoid other requirements under the ACA.

Hobby Lobby Stores Inc. v. Sebelius