Monday, January 20, 2020

Supreme Court Will Consider Trump Administration Rule Allowing Employers to Opt Out of Contraceptive Coverage

New York Times (Jan. 17, 2020): Supreme Court to Consider Limits on Contraceptive Coverage, by Adam Liptak:

Last Friday, the Supreme Court announced that it will hear two consolidated cases considering a Trump Administration rule that allows employer to opt out of the Affordable Care Act's contraceptive mandate based on religious or moral objections. 

Last May, the Third Circuit blocked the regulations and issued a nationwide preliminary injunction.

The Trump Administration is arguing that the regulations are authorized by the ACA and required by the Religious Freedom Restoration Act.  While the case presents interesting policy questions about whether and when employers can assert moral or religious objections in order to opt out of a statute of general application, the legal issues that the Court will consider are whether there was statutory authority under the ACA or RFRA to issue the regulations and whether the Administration complied with Administrative law requirements.

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