Much has been made of the Hobby Lobby case only applying to specific facts and the specific methods that the owners objected to such as Plan B and IUDs. Well, according to Scotusblog, the Court has issued 6 rulings on other pending cases where various owner objection were upheld. These appear to reach much farther than the particular products in the Hobby Lobby case to include all aspects of the mandate and perhaps other preventative services such as vaccines and physical exams, pap smears, mammograms, etc.
The Supreme Court sent a fairly strong signal on Tuesday that its ruling giving some for-profit businesses a right not to provide birth control services to their female workers goes beyond the specific methods at issue in that decision. It issued a series of orders on six cases, each of which involved owners who objected to all of the pregnancy-related services mandated under the new federal health care law.
Look below the orange IUD for details
Cases ordered reconsidered in appeals courts:
Autocam Corp. v. Burwell. The Catholic owners of a Michigan company that manufactures products for the auto and medical supply industries objected to all forms of services covered by the mandate. The U.S. Court of Appeals for the Sixth Circuit rejected claims on behalf both of the owners and of their company separately. The Supreme Court vacated that ruling and ordered a new look under Hobby Lobby.
Gilardi v. Department of Health & Human Services. Two Catholic brothers who operate two Ohio companies that distribute fresh foods objected to all forms of preventive services. The U.S. Court of Appeals for the District of Columbia rejected the corporation’s challenge, leading the brothers to appeal on that point. (See below for the D.C. Circuit’s separate action on the owners’ claim.) The Supreme Court ordered reconsideration of the denial of the corporate challenge.
Eden Foods v. Burwell. The Catholic owners of an organic food company in Michigan objected to all forms of preventive services. The Sixth Circuit Court, relying largely on its ruling in the Autocam case, rejected the claims both of the owners and of their company. The Supreme Court ordered reconsideration of both aspects.
The other three the lower court upheld the objections. the court refused to review.
Cases denied review, with no explanation:
Department of Health & Human Services v. Gilardi. This is one of the government appeals. It involved the Catholic brothers and their food service companies in Ohio. The D.C. Circuit ruled in favor of the brothers, in their capacity as owners, and their religion-based challenge to all forms of preventive services. Review denied.
Burwell v. Newland. Another government appeal. This case involved the Catholic owners of a Colorado heating and air conditioning company, who objected to all services under the mandate. The U.S. Court of Appeals for the Tenth Circuit, applying its decision when the Hobby Lobby case was before it, upheld the challenges of the owners and their company. Review denied.
Burwell v. Korte. Government appeal. This case involved two Catholic families — one owning a construction company in Illinois, the other a vehicle safety manufacturing company in Indiana, who objected to all preventive services mandated. The U.S. Court of Appeals for the Seventh Circuit upheld the challenges of both groups of owners and their companies. Review denied.
While all the cases relate to preventative care services under ACA, how much farther will the court go? Has anyone looked at these other cases?