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-- a big American retailer is in a battle over Obama care -- the company hobby lobby is now appealing a federal judge's decision denying their request to block.
Part of the law of the arts and crafts chain objected to the rules requiring.
That they provide abortion pills in his health care coverage Jordan -- -- joins us executive director here.
Center for law and justice hammering McIlroy former -- federal prosecutor is also -- this.
Jordan let me start we -- because -- then they object to the morning after and week after pills -- Christian.
And they say look good time this is really abortion to -- -- and it is widely considered especially that week after bill.
An abortion inducing type drug but the US.
Government's lawyer in court.
Said that the drugs do not cause abortions.
And the US -- four has a compelling government interest.
Is he wrong on both of those.
I think he's wrong on both because of that the First Amendment scrutiny here we talk about the freedom of religion.
And we talk about these issues we have to look at the religious freedom restoration act which requires.
A much higher burden for the federal government to prove in court so not only compelling interest but it's the least restrictive means and it's narrowly tailored.
What we look at the HHS mandate we already see they're making exceptions for some.
But not others and people may say what about these private companies why are they the ones challenging it here I think is important point outbreak first this is not.
About all contraception it's about the morning after the week after pill and then seconds.
If you look at these cases before these companies even in states that had these mandates did not have to comply they were already exempted so -- look at the higher level of scrutiny.
And recent cases like Citizens United which you said.
That not only individuals but corporations have first amendment rights like the freedom of speech sure there's been a real argument to say they also have the free exercise of religion.
Yes -- it to that point.
The federal judge's name is Joseph Heaton said look I realize that religious organizations do have some constitutional -- protections.
From -- the coverage for birth control device -- -- and so forth.
But he said look hobby lobby.
You're not a religious organization.
Well there are religious own organization bent it even if they're not per -- -- religious organization that does it means that their first amendment rights.
Or any less infringed upon.
By Obama care true.
That's right and it really raises a very interesting issue because the other the other part of it is.
What happens to the people who are working a hobby lobby the people who run hobby lobby.
They also have right so did those rights get factored in or will this be exemptions and exceptions are -- for religious organizations it's -- it's.
It's very difficult and tuned to draw that line and and they're also raises the issue of whether you can have essentially the concept of a conscientious objector.
If you have religious beliefs that fed -- you feeling don't want to.
On the abide by this ruling then and back and by -- the Obama -- requirements what do you do.
Yet Jordan this is gonna go to -- Supreme Court at some point do you think.
There are forty active cases right now -- actually three judges' authority said private companies in three different circuit courts district courts a federal courts appeal now.
Have said that these private companies do have the ability to challenge is that it is unconstitutional they've gotten the preliminary injunctions they've asked for.
This one judge is the first to deny the injunction and there's been one case dismissed on -- so forty cases.
We're not even to her the actual religious organizations were challenging because that'll begin when that goes into -- and -- -- very quickly congress could carve out an exception -- -- They cut and that might obviate the need for it to go to the Supreme Court they they there is a bill pending right now.
Where it would give people the ability to file an affidavit with their taxes saying essentially that they -- conscientious objectors.
To both comply with the requirements of obamacare and it's -- violence is -- confidence we'll have to wait.
And see Jordan said hello and -- Mac avoid happy Thanksgiving thanks your -- -- happy Thanksgiving break I think people.