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SCOTUS 7-2 Ruling on Obamacare and Contraception Dramatically Expands Types of Employers That Can Cite Religious Objections in Denying Coverage

Andy Towle July 8, 2020 Leave a Comment

supreme court

The U.S. Supreme Court on Wednesday ruled 7-2 (with liberal Justices Sonia Sotomayor and Ruth Bader Ginsburg dissenting) on the Affordable Care Act and birth control, handing the Trump administration a victory by expanding the kinds of employers that can cite religious objections in denying birth control to employees.

NBC News reports: “The Affordable Care Act, better known as Obamacare, gives the government authority to create the religious and moral objections, said Justice Clarence Thomas for the court's 7-2 majority. The Department of Health and Human Services “has virtually unbridled discretion to decide what counts as preventive care and screenings,” and that same authority ‘leaves its discretion equally unchecked in other areas, including the ability to identify and create exemptions from its own guildelines.' In dissent, Justices Ruth Bader Ginsburg and Sonia Sotomayor said the court in the based has struck a balance in relgious freedom cases, so that the beliefs of some do not overwhelm the rights of others. ‘Today for the first time, the court casts totally aside countervailing rights and interests in its zeal to secure religious rights to the nth degree' and ‘leaves women workers to fend for themselves' in seeking contraceptive services, they said.”

Sotomayor, in dissent with Ginsburg, decries the "simplistic approach" taken by the court, saying it "has no basis in law and strips thousands of schoolteachers of their legal protections." pic.twitter.com/foyvPGpLyQ

— Chris “Law Dork” Geidner (@chrisgeidner) July 8, 2020

Ginsburg and Sotomayor go a step further, and just say the Court got it wrong altogether here, noting that more than 100,000 women "would immediately lose access to no-cost contraceptive services" under the Court's ruling. pic.twitter.com/M6jn0w08vv

— Chris “Law Dork” Geidner (@chrisgeidner) July 8, 2020

NBC News adds: “The decision today involved Trump administration rules that would allow publicly traded companies and large universities to claim a religious objection for refusing to provide the coverage. Even more broadly, employers and schools with any moral objection would also be exempt from the requirement.”

Topics: Supreme Court, towleroad More Posts About: Religious Freedom, SCOTUS

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