U.S. Supreme Court Denies Review of Constitutional Challenge to ACA, Accepts Two Contraceptive Mandate Cases

Last week, the U.S. Supreme Court denied review of a federal appeals court ruling that the Affordable Care Act’s employer mandate is a valid exercise of Congress’ power to regulate commerce and impose taxes under the U.S. Constitution. Liberty University v. Lew (4th Cir. 2013). This is the second time in the past two years the Court has refused to hear constitutional challenges to the Affordable Care Act’s (ACA) employer mandate. The employer mandate has survived two previous challenges in the Supreme Court, but challenges continue to work their way through lower courts. 

However, on November 26, 2013, the Court did agree to rule on the constitutionality of the ACA’s contraceptive mandate in two other cases Sebelius v. Hobby Lobby Stores, Inc. (10th Cir. 2013) and Conestoga Wood Specialties Corporation v. Sebelius (6th Cir. 2013).