Two years after a small majority in the U.S. Supreme Court decided the Affordable Care Act was constitutio-nal, the incessantly controversial piece of legislation has returned to the highest court in the land. Hobby Lobby, a privately held retail chain selling arts and crafts, has argued that the federal government has violated its religious freedom rights by forcing the corporation to provide insurance that covers certain types of contraception. The Supreme Court is expected to intervene and hear oral arguments in what will be a second test of the legal stability of President Barack Obama’s health care overhaul.

In a previous ruling in favor of Hobby Lobby, the United States Court of Appeals for the 10th Circuit cited Citizens United v. Federal Election Commission as legal precedent. The Citizens United case affirmed that corporations have the right to freedom of speech under the First Amendment of the U.S. Constitution. Judge Timothy Tymkovich concluded that he sees “no reason the Supreme Court would recognize constitutional protection for a corporation’s political expression but not its religious expression.” But even if this right is granted, it remains unclear — and somewhat doubtful — if the Affordable Care Act violates it.

The Religious Freedom Restoration Act of 1993, which Hobby Lobby has used to justify its case, states the government “shall not substantially burden a person’s exercise of religion.” The requirement to provide contraception within a comprehensive health care plan does not “substantially burden” Hobby Lobby. As the dissenting minority of the Court of Appeals noted, the respondents “are, in effect, imposing their religious views on their employees.”A ruling against Hobby Lobby would actually preserve the religious freedom of the employers, as they have no complicity in the use of the contraception.

A ruling in favor of the company would set a precedent for other religiously affiliated corporations to refuse certain coverage to employees. While Hobby Lobby refuses to provide coverage for contraception it considers equal to abortion, it accepts coverage for other forms of contraception, including condoms and specific types of birth control drugs. However, other corporations could use this ruling to challenge even a basic level of coverage for its employees.

The Supreme Court should rule against Hobby Lobby. A decision supporting the plaintiff’s cause undermines Obamacare’s legal stability and would prove detrimental to the already fragile Affordable Care Act.

A version of this article appeared in the Tuesday, Nov. 26 print edition. Email the WSN Editorial Board at [email protected].