NOTE: The original version of this post incorrectly said that Justice Ruth Bader Ginsburg claimed the Affordable Care Act “passed overwhelmingly,” with bipartisan support. Ginsburg was actually addressing the Religious Freedom Restoration Act, which passed with bipartisan support and was signed by President Bill Clinton.
I regret the error. The Justice's statement can be seen on Page 11 of this transcript of the Court arguments last Tuesday on the HHS Mandate. Context to her statement can be seen in a long discussion leading up to her comment.
Since the HHS Mandate requiring insurance coverage of abortifacients, sterilization, and contraception was put forth over two years ago, supporters have largely relied on misleading and inaccurate statements to pretend the mandate is constitutional, effective public policy, and does not fund abortions. See a few examples here, here, and here.
Last week, the Supreme Court heard arguments about the mandate. In those arguments, U.S. Solicitor General Donald Verrilli joined the mainstream media in promoting falsehoods about the mandate.
The falsehoods were recorded by an unofficial transcript that came out shortly after the case was argued.
In the arguments, Verrilli said that no law “requires for-profit corporations to provide abortions.” He claimed that the owners of Hobby Lobby and Conestoga Wood, the plaintiffs in the case, are sincere in their beliefs, but factually incorrect.
This statement flies in the face of what the Department of Health & Human Services' (HHS) Office of Women's Health says in a document on contraceptive devices. According to this agency, copper intrauterine devices and hormonal intrauterine devices cause abortions by preventing a fertilized egg — also known as a brand-new human being — from implanting in the uterus.
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There is strong evidence indicating that Ella and Plan B cause abortions, which means Verrilli's dismissal of such concerns is doubly disturbing.
The HHS Mandate has been controversial since the day it was introduced, using government policy to put those who believe birth control, abortions, and sterilization are moral above those who have moral opposition to their use. The misleading and dishonest statements from the media are problematic in their own way, but Verrili should be using the truth, not media propaganda, to represent the public.
The Public Affairs Office of the Department of Justice ignored multiple requests for comment about Verrilli's statement and where his information came from. A “public affairs specialist” did reach out in response to the requests, but no comment or information was provided.