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United States Supreme Court-Affordable Health Care Act

The recent opinion of United States Supreme Court held that closely held corporations enjoy religious freedom under the Religious Freedom Restoration Act of 1993 and such closely held corporations do not need to insure certain methods of contraception that would violate the sincere religious beliefs of the company’s owners. The Court stated that this religious freedom under the Religious Freedom Restoration Act extends to closely held corporations and not just proprietorships or partnerships, and the mandate imposed under the Affordable Health Care Act (Obamacare) for noncoverage of certain methods of contraception is in violation of the Religious Freedom Restoration Act of 1993. As a result, the Supreme Court did not need review the constitutionality issue under the First Amendment. The Conestoga case in our Third Circuit was reversed (as the Third Circuit found that the company was in violation of the Affordable Held Care Act), and the Hobby Lobby case in the Tenth Circuit was affirmed (as the Tenth Circuit found that the company was not in violation of the Affordable Held Care Act) . The Court stated that there are other ways in which Congress or the Department of Health and Human Services could equally ensure that every woman has cost-free access to all FDA approved contraceptives.

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