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Prof. Borgmann on Hobby Lobby Supreme Court Case and FDA Labeling

March 25, 2014

Professor Caitlin Borgmann spoke to the Wall Street Journal today about Sebelius v. Hobby Lobby Stores, Inc. The U.S. Supreme Court will hear oral arguments in the case today, which will address whether for-profit companies have a religious right to refuse to comply with the federal contraception rule.

The WSJ article addresses recent research showing that the Plan B brand of contraception, to which Hobby Lobby objects, works by delaying ovulation and does not work once an egg is fertilized. Hobby Lobby claims that providing an insurance plan that covers Plan B “substantially burdens” Hobby Lobby’s religious freedom, since the company’s objection is based on the (now-disproven) claim that Plan B may work by preventing a fertilized egg from implanting. The FDA labeling suggests this possibility only because at the time Plan B was approved, its mechanism was not fully understood.

“FDA labeling has not caught up with the recent research,” said Caitlin E. Borgmann a law professor at City University of New York Law School and former lawyer for the American Civil Liberties Union’s Reproductive Freedom Project.

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Professor Borgmann

Professor Borgmann

Professor Borgmann has litigated reproductive rights cases and has also spoken and written widely about reproductive rights and given testimony before several state legislatures on this issue. She is the editor of the Reproductive Rights Blog.


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