Last Thursday, June 28, the U. S. Supreme Court upheld 5-4 Obamacare’s “individual mandate” as constitutional under Congress’ power to levy taxes.  Importantly, the Supreme Court did not rule on the abortion- and religious freedom-related provisions of Obamacare because those were not the legal issues presented before the Court in this case.  As Chief Justice Roberts indicated in the majority opinion, Obamacare can still be challenged as unconstitutional on other grounds.  In the same vein, Justice Ginsburg indicated that provisions of Obamacare could be overturned if they infringe on religious freedom and freedom of speech.  The Supreme Court decision has allowed abortion funding and threats to religious freedom under Obamacare stand, leaving Obamacare vulnerable to the 23 HHS Mandate cases currently making their way through the courts, as well as to future lawsuits challenging any of Obamacare’s other provisions.

This essay shall (1) summarize the ruling of the Supreme Court in the Obamacare case; (2) explain how Obamacare funds abortion and threatens religious freedom; and (3) offer recommendations on what we should do next.

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James Madison wrote in his Essay on Property: “Conscience is the most sacred of all property.”  Religious freedom is a cornerstone of American society, culture, government and rights.  One of the founding principles of our nation, it is rightly called our “first freedom.”  The recent hailstorm of lawsuits challenging the constitutionality of the HHS Mandate implicates a frightening and unprecedented departure by the government from the American promise of religious freedom. 

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