--- title: Supreme Court Birth Control: Kathleen Sebelius Praises Court description: Former Health and Human Resource Secretary Kathleen Sebelius says the Supreme Court's decision to punt on birth control was a win. canonical: https://time.com/4338183/kathleen-sebelius-obamacare-supreme-court-affordable-care-act/ author: Jay Newton-Small article:opinion: false article:content_tier: free article:published_time: 2016-05-17T13:53:50.000Z article:modified_time: 2026-08-04T08:04:30.033Z article:section: Politics og:title: Sebelius Hails Supreme Court Decision as a 'Win for Women' og:description: "I think that’s a significant win for these women employees and spouses." og:url: https://time.com/4338183/kathleen-sebelius-obamacare-supreme-court-affordable-care-act/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltf3a562c4bd4404e5/69889370ab6d7730c96a9b5a/kathleen-sebelius.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 og:image:width: 594 og:image:height: 334 og:image:alt: Kathleen Sebelius speaks during the Aspen Ideas Festival at the Aspen Institute on June 26, 2015 in Aspen, Colorado. og:type: article twitter:card: summary_large_image twitter:title: Sebelius Hails Supreme Court Decision as a 'Win for Women' twitter:description: "I think that’s a significant win for these women employees and spouses." twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltf3a562c4bd4404e5/69889370ab6d7730c96a9b5a/kathleen-sebelius.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 ---  # Kathleen Sebelius Hails Supreme Court Decision as a 'Win for Women' > Sponsored content. 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TIME explains the ins and out of Obamacare's 'Health Panel'_  by [Jay Newton-Small](https://time.com/author/jay-newton-small/)  ## Jay Newton-Small May 17, 2016 1:53 PM UTC  Kathleen Sebelius speaks during the Aspen Ideas Festival at the Aspen Institute on June 26, 2015 in Aspen, Colorado. Kathleen Sebelius speaks during the Aspen Ideas Festival at the Aspen Institute on June 26, 2015 in Aspen, Colorado. Leigh Vogel—WireImage  by [Jay Newton-Small](https://time.com/author/jay-newton-small/)  ## Jay Newton-Small May 17, 2016 1:53 PM UTC Former Health and Human Resource Secretary Kathleen Sebelius, whose job it was to implement the Affordable Care Act, told TIME on Monday that the Supreme Court’s unusual decision to punt [Zubik v. Burwell](http://www.scotusblog.com/2016/05/opinion-analysis-a-compromise-with-real-impact-on-birth-control/) back to the lower courts with instructions for the parties to reach a compromise was actually a win for the government. A quick back-story: Sebelius was amongst those who successfully lobbied President Obama for a narrow religious exemption—allowing only a few religious employers participating in Obamacare to opt out of providing free contraception to female employees. A crafts retailer, Hobby Lobby, sued to be included in the exemption on the grounds that some of the contraception covered under Obamacare, such as morning-after pills, violated their religious belief that life begins at the moment of conception—even before the egg has attached to the uterine wall making a pregnancy viable. After the Supreme Court found for Hobby Lobby, thus applying the exemption to any institution seeking it, the Administration decided the government would cover the costs of contraception for women whose companies opted not to cover it. This solution was also challenged by religious institutions, who argued that the act of informing the government or insurers violated their religious beliefs, and seven cases were bundled and sent to the Supreme Court. The Court heard the case and in an unusual move less than a week after oral arguments asked for additional materials from both parties about whether a compromise might be reached. In this case, the compromise would seem to be that the institutions seeking exemptions tell the insurers and the insurers tell the employees separately that the government would then provide coverage—though the details will have to be ironed out by the parties and the lower courts. Here’s a transcript of an interview with Sebelius. **What did you make of today’s decision?** It’s a curious decision because they don’t weigh in on the merits, which I interpret to mean that they had a tie and could not resolve the case fully. In the long run, if I read between the lines and saw what the administration put forward, this is pretty close to where the government had suggested they could end up which is basically where women will have no cost to contraception provided regardless of who their employer is. … At the end of the day, women will be protected and I think that has been the goal all along—to not have an employer decision stand between women’s right to get this benefit and on the other hand try to have the least imposing way for employers to comply so that it didn’t violate their religious objections. Both sides seemed to have come forward and said they can do this, so life will go on and people will continue to get benefits. It still leaves pretty unresolved the overall issue of religious freedom and where all this stands, but it’s a good resolution for the millions of women who potentially could have lost health benefits. **You** [**lobbied the President**](http://time.com/4168895/hobby-lobby-women-congress-white-house/) **with your fellow female Cabinet members and with the women of the White House for a narrow religious exemption. Is this something akin to what you envisioned?** The goal was to not take larger categories of women out of the benefit picture because of where they worked. So not having an employer determine women’s right to access health care. And I think this decision continues down that path. So even if an entity, say a religiously affiliated Catholic hospital or university, felt they did not want to directly offer contraception benefits because of religious objections, the women who work there—the nurses, teachers, students, spouses—will still have access to this benefit and that’s been the goal all along. **Do you think this case would’ve gone differently if late Justice Antonin Scalia had still been on the bench, especially given his arguments in the Hobby Lobby case?** I think the decision in 2012 by the court \[[which upheld the underlying mandate of Obamacare](http://www.nytimes.com/2012/06/29/us/supreme-court-lets-health-law-largely-stand.html?%5Fr=1)\] took every body by surprise. I’m not sure anybody could’ve predicted that outcome with that \[court\] make up. So I stopped trying to second guess folks. I do think listening to some of the debate back and forth and certainly watching the Hobby Lobby instance, there was a view that certain justices, including Justice Scalia—who felt pretty strongly about limiting benefits although it seemed to go against some of the philosophical views that he’d had on religious freedom—that this decision was never complicated. It’s interesting, they didn’t wait till very last decision day to announce this \[as is often the case with controversial decisions\]. They went back and in a somewhat unusual step they asked the parties, can you submit more information, can you come up with an accommodation. So they gave a little bit of a hint even after the arguments that they may move in this direction and indeed they did. **But they wouldn’t have deadlocked with Scalia there?** Hard to tell. But it does seem that that maybe certainly one of the ways you can interpret this. Although a 4-4 deadlock would’ve meant in most of the cases the administration position would have been upheld because that’s where the circuit courts were. I found that the concurrent opinion by Justice \[Sonia\] Sotomayor made it very clear that this should not be interpreted as the court weighing in on the merits of the case, should not be interpreted on the direction the court would’ve gone. So I think in this one they found a way to find a reasonable compromise and they decided to go there. **Have you been surprised at all at the pace at which the court has taken on Obamacare–slower or quicker than anticipated?** I’m not the one to probably even give an opinion on that, Jay, because I’m not a lawyer. I don’t know how other constitutional challenges on big laws have gone, if this is a slower or faster pace. I can’t speculate on that, I just don’t know. **So, would you say today’s decision was a win for women?** I think it’s a win for women, yes. I know there was some disappointment in communities that it leaves unresolved the underlying question and so there’s uncertainty there that hopefully eventually will get solved but for the immediate future hopefully courts will take the Supreme Court seriously in what seems to be a pretty clear direction that women should continue to have this full range of benefits without costs and copays that’s the purpose of the law in the first place and I think that’s a significant win for these women employees and spouses. ## Transcript Republicans keep saying that one thing that Obamacare will do is put government bureaucrats in charge of your healthcare instead of your doctor. Here's what you need to know. [ MUSIC ] A board of people at the government, an unelected board, appointed board, who are gonna decide what kind of treatments you ought have. The board that Romney is talking about is actually called the Independent Payment Advisory Board and the reason that it's important is because it affects Medicare. Medicare spending every year just keeps going up and up and up, and, under Obamacare, there are certain thresholds under which Medicare spending has to stay. If spending goes beyond those thresholds, this board will make recommendations to Congress about how much certain payments to doctors should be cut. If Congress doesn't like what the board recommends, Congress can come up with it's own recommendations for how to keep Medicare spending under control. But, if there's political gridlock and politicians and Congress can't agree on anything, the board's recommendations automatically become law. So the board will be made up of 15 different members. Many of them from the healthcare community and, while they are unelected and appointed by the President, they have to be confirmed by the Senate. Members of the board are, in theory, supposed to represent different factions within the healthcare community. Doctors, policy folks, people that represent payers, which are generally insurance companies. The recommendations that the board will make have to do with how much doctors and hospitals will get paid for providing services to Medicare beneficiaries. 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