As a guest blogger for Balkinization, Professor Nelson Tebbe wrote about yesterday’s oral arguments in U.S. Supreme Court for Sebelius v. Hobby Lobby Stores Inc. The highly publicized case challenges the requirement that most employers provide comprehensive contraceptive coverage in their employee health insurance plans. At issue is whether for-profit corporations can have rights of religious conscience.
Professor Tebbe detailed several of the justices’ questions and concerns, including the possible outcomes of shifting contraception costs to third-party employees and the cost differential between employer health insurance programs and the opt-out tax for withdrawing benefits.
Professor Tebbe has contributed extensively to the discussion about the ongoing birth control mandate debates in an op-ed for Slate, as well as in a three-part series on Balkinization: The Establishment Clause and the Contraception Mandate; Hobby Lobby and the Establishment Clause, Part II: What Counts as a Burden on Employees?; and Hobby Lobby and the Establishment Clause, Part III: Reconciling Amos and Cutter. He was also quoted in Lancaster Online.
Read more about Professor Tebbe.