Nevada’s Appeal of Obamacare Birth Control Case Questioned

Nevada’s ability to appeal a decision blocking an Obamacare requirement that employers with religious objections provide health plans that pay for birth control took center stage in oral arguments before the Fifth Circuit on Thursday.

The case shouldn’t even have been there, Jonathan Mitchell, who represents the employers, told the U.S. Court of Appeals for the Fifth Circuit.

The appeal should be dismissed because Nevada wasn’t hurt by the lower court’s decision, as an intervening ruling by the U.S. Supreme Court upholding the Trump administration’s religious exemption to the contraceptive mandate mooted the case, Mitchell, of Austin, said.

The exemption ...