What’s Next for Reproductive Rights at the Supreme Court

As we wrap up our blog series on the anniversary of Roe v. Wade, it seems logical to turn to the next big case in reproductive rights before the nine justices. Shifting from access to abortion to contraceptive care, one of the most important cases on both the reproductive rights and the religious freedom front is the Sebelius v. Hobby Lobby suit and its companion case, Conestoga Wood Specialties v. Sebelius.

These cases ask whether the contraception mandate (that all health insurance plans must include coverage for contraceptive preventive care) under the Affordable Care Act constitutes a substantial burden on religious liberty under the Religious Freedom Restoration Act. A decision in Hobby Lobby and Conestoga will determine whether a corporation has religious exercise rights to oppose some or all kinds of birth control. Over the past few months, momentum on these cases has accelerated: there are many similar cases percolating in the lower courts, but when the justices decided to hear these cases in late November, the questions these suits ask are so complicated and yet so crucial that they have inspired many, many scholars, activists, and other leaders to weigh in. Argument is scheduled for late March, so be sure to check back here with WRJ for more updates on these cases. In the meantime, to get up to speed on the story of these cases, here’s a timeline of WRJblog and RACblog posts: Nov. 22, 2013 The Contraception Cases at the Supreme Court Nov. 27, 2013 The Supreme Court Will Hear Landmark Case on Contraception Dec. 26, 2013 New Year Brings Expiration of Contraception Mandate Safe Harbor Dec. 27, 2013 Reproductive Rights in 2013, What to Look Out for in 2014 Jan. 6, 2014 The High Court and the Contraception Mandate