Supreme Court Punts In Zubik v. Price, Leaving Tens Of Thousands Of Women In Limbo And At Risk Of Losing Contraception Coverage.
CASE BACKGROUND: In March 2016, the Supreme Court heard arguments in the challenges by non-profit organizations. We filed a brief in Zubik on behalf of 240 students, faculty, and staff at religiously affiliated universities, discussing the importance of providing contraceptive coverage to those who work or study at religiously affiliated institutions.
In May 2016, the Supreme Court issued an opinion that essentially took a pass on dealing with the important question of access to birth control, an action that leaves tens of thousands of women in limbo and at risk of losing contraceptive coverage. The Supreme Court sent the cases back to the lower courts.
Unfortunately, no resolution has been reached. The religiously affiliated non-profits wanted to get rid of the contraception insurance mandate or get an exemption like houses of worship. The Obama administration refused to give in to these demands and protected access to birth control for employees at these organizations. But, the contraception coverage rule itself may now be in danger from the Trump administration and Department of Health and Human Services Secretary Tom Price. In fact, a leaked contraception coverage regulation initiated by President Trump's 2017 "religious freedom" executive order would allow any employer or university, even for-profit corporations, to cite religious or “moral” objections to get out of the Affordable Care Act's (ACA) requirement that health insurance plans cover birth control with no co-pay. There’s no backup plan. Under the Trump proposal, if the boss or university refuses to cover contraception, the cost shifts to employees and students.
From the students, faculty, and staff who joined our brief in Zubik v. Price:
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Commentary By AU Lawyers
For Students At Religious Universities, Contraception Coverage Isn’t An Academic Debate - Rewire article By Former AU Law Clerk Alison Tanner
Supreme Court Sidesteps Constitutional Challenge To Obamacare - Baptist News Global Quotes AU Executive Director Barry Lynn
SCOTUS Sends Obamacare Contraception Case Back To Lower Courts - MSNBC Interviews AU Lawyer Greg Lipper