Saturday, December 28, 2013

Hobby Lobby Part III-A—Does federal law substantially pressure employers to offer health insurance coverage in violation of religious obligations, even though there is no “Employer Mandate”? Balkinization

Contrary to common impression, the ACA does NOT compel large employers (over 50 full-time) to offer health insurance.  It taxes them about $2,000 per full time employee if they don't.  But IF they do offer a health plan it must conform to ACA requirements.  That includes offering coverage with no co-pay and no deductible for birth control and sterilization.  A group of challengers allege that violates their conscientious objections to at least some forms of birth control, and leaves them with the choice: don't offer a health plan or violate their conscience.  Is that a Hobson's choice that amounts to compulsion?  Martin Lederman address the question of whether the law places a "substantial burden" on religious exercise.  - GWC
Balkinization: <i>Hobby Lobby</i> Part III-A—Does federal law substantially pressure employers to offer health insurance coverage in violation of religious obligations, even though there is no “Employer Mandate”?: 'via Blog this'

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