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January 11, 2013
Hobby Lobby Finds Way to Delay Contraception Fine of $1.3 Million Per Day
(Updated) Craft chain 'discovered a way' to 'postpone' massive tax penalty as it fights HHS mandate in court.
Update (April 2): Late last week, the 10th Circuit Court of Appeals granted an en banc hearing to Christian-owned retail-craft chain Hobby Lobby in its case against the Affordable Care Act's employer contraceptive mandate. The "unusual" ruling means that Hobby Lobby will argue its case before the full, nine-judge court, rather than before a three-judge panel.
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After a flurry of headlines noted how Hobby Lobby was willing to face fines of potentially $1.3 million per day for refusing to heed the Affordable Care Act's contraceptive mandate, the evangelical-owned craft chain has "discovered a way" to postpone when it will begin facing such massive penalties.
First noticed by CNN's Eric Marrapodi, the evangelical-owned craft chain released the following statement yesterday via the Becket Fund for Religious Liberty:
“Following Justice Sonia Sotomayor’s decision on December 26th denying Hobby Lobby temporary relief from the HHS mandate to provide abortion-causing drugs as part of its healthcare plan, the company faced exposure to penalties beginning January 1. Subsequently, Hobby Lobby discovered a way to shift the plan year for its employee health insurance, thus postponing the effective date of the mandate for several months. Hobby Lobby does not provide coverage for abortion-inducing drugs in its healthcare plan. Hobby Lobby will continue to vigorously defend its religious liberty and oppose the mandate and any penalties.” — Peter M. Dobelbower, General Counsel – Vice President, Legal, Hobby Lobby Stores, Inc.
CT recently rounded up the wave of contradictory court rulings released as fines over the contraceptive mandate were scheduled to begin. (Of note: For-profits seeking injunctions against HHS have 10-3 winning record.) Hobby Lobby, among the many surprising Christian organizations suing the government, recently lost its bid for an injunction before the Tenth Circuit Court of Appeals, as well as its subsequent request for a temporary restraining order before the United States Supreme Court.
Comments
What's with the scare quotes? Hobby Lobby discovered a way to postpone the application of the government mandate to purchase abortifacient drugs for its employees. Hooray for Hobby Lobby! God provided the restraint.
Posted By: Sherry | January 11, 2013 5:30 PM
The Supreme Court is not the final arbiter of what is and isn't constitutional. Rather, the States enjoy that role. Think nullification.
Posted By: DiverCity Jones | January 13, 2013 4:24 PM
Yeah! A business found a way to skirt the law of the land! A cause for celebration, aside from the fact that businesses do this all the time.
Posted By: Allison | January 14, 2013 11:54 AM
I am a JW, and I am tired of paying health insurance for my employees that need blood transfusions or cancer treatment. How do I exercise my religious freedom by denying my employees blood transfusions or other medical measures, like chemo therapy for cancer? How do I convince my employees that if they are in a horrible accident or suffering from a terminal illness that they need to pray for God to save them, rather than relying on medicine?
Posted By: MReynolds | January 14, 2013 1:41 PM
MReynolds, you are "tired of paying health insurance for employees..." Prior to Obamacare were you required to do this? Or did you do it as a of rewarding your workers? If insurance wasn't required, you could have stayed true to your convictions by not providing it.
Posted By: HalfNorsk | January 14, 2013 3:26 PM
@HalfNorsk
Yes, providing those things has been legally required as part of health insurance for a long time before Obamacare.
Posted By: Leo | January 14, 2013 3:54 PM
MReynolds:Yes, I understand that employee health insurance has been heavily regulated. However, my question had to do with providing health insurance at all. If health insurance for employees had -- in the past -- not been required, why did you do so? Why not pay the employees more and let them buy their own? Ergo, what they bought with their own money would not violate your conscience.
Posted By: HalfNorsk | January 14, 2013 4:28 PM
First, there is no "HHS mandate to provide abortion-causing drugs as part of its healthcare plan" as the Plan B drugs reduce the likelihood of ovulation, but do not cause abortion. Scientific fact.
Second, it is very ironic that Hobby Lobby protests the requirement to provide contraceptive coverage for its employees, yet has no problem selling products made in China in its stores. The Chinese government enforces mandatory abortions and sterilizations, yet Hobby Lobby doesn't mind selling their products to increase the revenues of the Chinese government. Some moral stand, that.
Third, increasing the availability and use of contraceptives is a proven way to reduce abortions, here and around the world. Seems like something any Catholic or Evangelical should support.
Posted By: Ernie | January 14, 2013 10:16 PM
You are entitled to your own opinions but not your own facts. The drug in question may prevent implantation of a fertilized egg in the uterus. The argument is whether life begins at conception or birth and science has been unable to provide a clear and convincing answer that either position is correct- science cannot define morality.
Here is information taken from the WEBMD website regarding the drug
Depending upon where you are in your cycle, Plan B or Plan B One-Step may work in one of these ways:
It may prevent or delay ovulation.
It may interfere with fertilization of an egg.
It is also possible that this type of emergency birth control prevents implantation of a fertilized egg in the uterus by altering its lining.
Posted By: Greg | January 15, 2013 6:29 AM
Sorry, Ernie, but you are wrong about Plan B. Read the Planned Parenthood website, which describes Plan B as the "Abortion Pill."
Read the National Institutes of Health website, which describes how Plan B, which is also known as RU-486, a pill that was approved by the FDA, thus making it one of the drugs that now must be provided for free under the HHS mandate, not only prevents ovulation, as you noted, but deposits so many hormones into a woman's body that it forces the body to abort even fertilized eggs that have attached to the uterus. Read all about how these drugs cause blood clots, strokes, heart attacks, and increase the risks of developing high blood pressure, liver tumors, jaudice and gallstones. All of this information is freely available on the websites of the National Institutes of Health and Planned Parenthood.
Yes, Ernie, Plan B causes abortions. And yes, the abortion pill has even killed women.
Posted By: Jerry | January 18, 2013 9:03 PM
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