Bloomberg Law
Oct. 22, 2019, 4:04 PM

Trump Birth Control Religious Opt-Out Properly Blocked: Ninth Circuit

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

Trump administration rules giving employers with religious or moral objections the right to opt out of Obamacare’s requirement that they provide birth control coverage in employee health plans aren’t enforceable, the Ninth Circuit said Oct. 22.

A California-led coalition of states is likely to succeed on its argument that the U.S. Health and Human Services Department, the Labor Department, and Treasury lacked the authority to issue rules exempting certain employers from the Affordable Care Act’s contraceptive mandate, the appeals court said. The rules likely are arbitrary and capricious, the court said.

An accommodation process created by the government for the ...

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