Sen. Roy Blunt Files Amicus Brief Against Obamacare HHS Mandate

January 28, 2014

Sen. Roy Blunt (R., Mo.) and Rep. Randy Forbes (R., Va.) filed an amicus brief to the U.S. Supreme Court regarding religious freedom in Hobby Lobby v. Sebelius.

The brief was cosigned by a bipartisan group of 15 senators and 71 House members in support of Hobby Lobby.

The brief outlines three arguments against Obamacare's contraception mandate, which requires businesses to provide contraception coverage to their employees regardless of the owners' religious beliefs.

According to Blunt, the Religious Freedom Restoration Act gives a "broad protection" of religious liberty, which includes both Hobby Lobby and its owners.

From the press release:

Congress has a long tradition of protecting religious liberty—including that of groups—and there has traditionally been strong bipartisan support for such efforts.

Congress enacted the Religious Freedom Restoration Act (RFRA) to ensure broad protection of religious liberty, whether or not a specific religious exception appears in a particular law.

The HHS regulations do not satisfy the high bar set by RFRA. RFRA’s requirements govern the Affordable Care Act like all other statutes that do not contain an express disclaimer. Both Hobby Lobby and its owners are protected by RFRA.

The Supreme Court will hear oral arguments in two cases challenging the mandate on March 25.