Obamacare Abortion Mandate on the Ropes at Supreme Court

Less murders of innocent babies would be good.
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In one sentence, Justice Anthony Kennedy signaled he may vote to strike down Obamacare’s so-called “abortion mandate,” suggesting he may form the crucial swing vote in delivering a body blow to the president’s signature legislative achievement.

“What kind of a constitutional structure do we have if Congress can give an agency the power to grant or not grant a religious exemption based on what the agency determined?” Kennedy asked.

It’s a question that cuts to the core of Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, two consolidated cases over whether the government can force a private business to provide “preventive care” that includes 24 forms of birth control, four of which case cause an abortion.

The Christian families who own the two companies in these cases believe that life begins at conception. Yet violating HHS’s mandate carries an annual penalty of $36,500 per employee. The Becket Fund for Religious Liberty and the Alliance Defending Freedom have taken these two cases (out of roughly 100 lawsuits filed against this mandate) all the way to the Supreme Court, arguing the regulation violates both the Religious Freedom Restoration Act (RFRA) and the Free Exercise Clause of the First Amendment of the U.S. Constitution.



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