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SCOTUS Exempts Religious Employers From Birth Control Coverage

July 9, 2020

On Wednesday, July 8th, the Supreme Court of the United States voted to uphold the Trump administration regulations that allow employers with religious or moral objections to remove contraception from their health care plans, an Affordable Care Act (ACA) requirement.

It was a 7-2 decision, which Democratic state attorneys general have said could deprive tens of thousands of people of affordable contraception. The administration and Republican state attorneys general have called the ACA regulations, which allow companies that oppose contraception to remove it from their health care plan, necessary for protecting employers' religious freedoms.

The regulations were first implemented in 2017 and again in 2018, was subsequently blocked in California and Pennsylvania. The California judge's injunction blocked the rules from going into effect in California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, New York, North Carolina, Rhode Island, Vermont, Virginia, Washington and the District of Columbia. The Pennsylvania judge's injunction blocked the rules nationwide. The Trump administration asked the high court to take up the case in October 2019, and the justices agreed to do so in January 2020.

If you have questions about how this development might affect your organization, please contact Joseph F. Spitzzeri.

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