Bloomberg Law
Dec. 17, 2021, 10:44 PM

Nevada’s Appeal of Obamacare Birth Control Case Succeeds

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

Nevada should have been allowed to join a lawsuit challenging Obamacare’s requirement that employers with religious objections provide employee health plans that pay for birth control, the Fifth Circuit said Friday.

A lower federal court blocked the enforcement of the Affordable Care Act’s contraceptive mandate against a nationwide class of objecting employers, saying it substantially interfered with their religious exercise in violation of the Religious Freedom Information Act.

But there was no party defending the mandate at the time the court reached that conclusion, despite Nevada’s request to join the lawsuit to do so. The lower court denied the state’s ...

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