Monday, January 14, 2019

Court (again) Halts Trump Exemptions to ACA's Contraception Requirement

Judge Haywood S. Gilliam, Jr., issued a preliminary injunction yesterday that halts the government's implementation of its sweeping exemptions to Obamacare's contraception requirement in the plaintiff states.

The ruling is a blow to the administration's attempts to allow organizations to opt-out of the contraception requirement on their own say-so, and without informing the government.

Recall that just last month the Ninth Circuit affirmed an injunction barring the government from enforcing interim exemptions, but limited the injunction to plaintiff states.

Yesterday's ruling halts the final rules (not the interim ones). But as Judge Gilliam noted, they're more or less the same, except that the final rules went through notice-and-comment procedures under the Administrative Procedure Act. Those rules include a religious exemption and a moral exemption that permit any organization that has a religious or moral objection to unilaterally opt-out of the contraception requirement, without filing an exemption or even noting an objection to the government. 

The court ruled that the religious exemption likely violated the APA, because it's contrary to the ACA's contraception mandate. (The court rejected the government's position that the ACA's mandate is really just a suggestion.) The court also held that the government's final rule isn't required by the Religious Freedom Restoration Act, because no authority says that simply informing the government of a religious objection (by writing a letter, for example) is a substantial burden. The court noted that there's much work to be done on these issues, however, when the case goes forward.

The court also ruled that the moral exemption likely violated the APA, also because it's contrary to the ACA. Among other problems, the court noted that the Senate rejected a statutory moral exemption when it passed the ACA. 

The ruling temporarily halts enforcement of the government's new final rules in the plaintiff states--California, Delaware, Maryland, New York, Virginia, Connecticut, Hawaii, Illinois, Minnesota, North Carolina, Rhode Island, Vermont, and Washington, and Washington, D.C. 

https://lawprofessors.typepad.com/conlaw/2019/01/court-again-halts-trump-exemptions-to-acas-contraception-requirement.html

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