No Injunction To Forestall Employer From Providing Obamacare Preventive Services To Women.

An arts and craft Christian retail chainstore with 13,000 employees in 500 stores nationwide petitioned for an injunction, against the implementation of Obamacare, pending appellate review of its claim under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 [42 U.S.C. § 2000bb].

The employees receive health insurance from self-insured group health plans. Under § 1001(5) of the Patient Protection and Affordable Care Act [42 U.S.C. § 300gg-13(a)] non-grandfathered group health plans must cover certain preventive health services without cost-sharing, including various preventive services for women. The guidelines for women’s services require coverage for “all Food and Drug Administration . . . approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.”

Petitioners contend they will be required to provide insurance coverage for certain drugs and devices they believe can cause abortions, which are contrary to their religious beliefs. The United States Supreme Court denied the request for an injunction, explaining the Court has only one source of authority to grant an injunction [The All Writs Act; 28 U.S. C. § 1651(a)] and that power is to be used sparingly. The Court declined to use its judicial intervention when, as here, such intervention has been denied by lower courts because the petitioners have not shown their entitlement to such intervention is “indisputably clear.” Hobby Lobby Stores v. Sebelius December 26, 2012) 133 S.Ct. 641, [184 L.Ed.2d 448].

For our previous discussion on the Affordable Care Act,  more colloquially known as “Obamacare” see our blog post Health Care Reform—More Colloquially Known As “ObamaCare.”*