An Alternate Theory of Hobby Lobby v. Burwell

Abstract

If asked what was the central issue in Hobby Lobby v. Burwell, most informed Americans would likely reply that it was the conflict of reproductive health and religious freedom. This Essay, however, argues for an alternate reading of that now infamous case. It proposes that Hobby Lobby is best understood as a demonstration of how the continued reliance on employer-provided benefits renders employers de facto health-care policy makers with the ability to profoundly impact the health-care access of millions of Americans.

Keywords: health law, insurance, employment law, health policy, health-care reform, Affordable Care Act, ADA, ERISA

JEL Classification: K31, K32