Bloomberg Law
Nov. 5, 2020, 2:41 PM

Obamacare Birth Control Opt-Out Rules Arbitrary, States Say

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

The departments of Health and Human Services, Labor, and Treasury failed to provide a reasoned explanation for giving certain employers the right to opt out of Obamacare’s requirement that they provide employees with insurance that pays for birth control, several states told a federal trial court in California.

California, 16 other states, and the District of Columbia argued that the Trump administration acted arbitrarily by exempting employers from the Affordable Care Act’s contraceptive mandate if they object on religious or moral grounds.

The case is back in the U.S. District Court for the Northern District of California following the U.S. ...