The Obama administration was not pleased with the Supreme Court this month when it decided to hear King v. Burwell, a case that challenges the validity of subsidies distributed through ObamaCare’s federally run exchanges.
Coverage of that case distracted from the fact, however, that the administration faces mounting challenges to the law’s birth control mandate from non-profit groups.
Religious plaintiffs in more than 50 cases argue that participating in any process that leads to birth control coverage for their employees violates their faith, even if they do not pay for or distribute the benefits.
The administration says that it has made several accommodations that adequately address these concerns.
There are several hearings taking place over the next month, including in the 7th, 8th, 10th Circuits, advocates said, possibly signaling a string of decisions in the new year.
While circuits have not split on the question yet, experts believe the Supreme Court is likely to agree to hear the case next term.