For government lawyers defending the federal health care reforms against two major attacks in different courts last week, the temperature inside two Washington courtrooms mirrored that outside: cold and stormy. By the end of the day, in both the U.S. Supreme Court and the U.S. Court of Appeals for the District of Columbia, the government appeared to face a hard slog to victory.
The Supreme Court heard arguments on March 25 in a challenge by religious owners of two for-profit corporations to the Affordable Care Act’s contraceptive coverage requirement. Although the arguments in Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius drew rallies and intense media scrutiny that day, a lower-profile challenge in the U.S. Court of Appeals for the D.C. Circuit in Halbig v. Sebelius may present a more potent threat to the law.
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