The Obama administration faces a tough task in convincing the Supreme Court to rule in favor of ObamaCare’s contraception mandate, according to legal experts.
They say Chief Justice John Roberts’s court, which upheld the health law in a landmark 2012 decision, has generally set a high bar for limiting religious rights.
In addition, Justice Anthony Kennedy, often the court’s swing vote, authored a 1993 decision that exempted a religious group from following laws it said were contradictory with its beliefs.
The Supreme Court announced on Tuesday that it would consider the case, possibly in its spring term.
While Hobby Lobby and other businesses opposed to the mandate don’t have a slam dunk case, experts said it will be tough to convince the court that the federal government can order businesses to pay for contraception coverage that goes against their owners' religious beliefs.
“I think there’s a strong argument that the Religious Freedom Restoration Act, in this particular case, would allow Hobby Lobby to deny certain contraception coverage without having to pay the fine that would otherwise be imposed them under the Affordable Care Act,” said Kurt Lash, a constitutional law professor at the University of Illinois.
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