In a key win for religious employers, the U.S. Supreme Court on Wednesday upheld a Trump administration rule that exempts faith-based organizations from the Obama-era abortion/contraceptive mandate.
The controversy dates back to the Obama administration and President Obama’s chief legislative achievement, the Patient Protection and Affordable Care Act (Obamacare).
The text of the law required the coverage of “preventive care,” which Obama’s Department of Health and Human Services (HHS) interpreted as mandating coverage of any Food and Drug Administration-approved contraceptive and sterilization procedure – including those such as Plan B (which can work after fertilization) and “ella” (which can work after implantation). Pro-life groups consider both drugs abortifacients.
In 2018, the Trump administration’s HHS finalized a new rule exempting employers with religious and moral objections from the abortion/contraceptive mandate. The new rules did not apply to publicly traded companies.
A coalition of states, including Pennsylvania, filed suit against the Trump administration seeking to overturn the rule.
The Supreme Court on Wednesday upheld the Trump rule and concluded the administration had the authority to issue it. Although the vote was 7-2 in the judgment, only five justices joined the majority opinion. The decision was authored by Justice Clarence Thomas and…
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