Supreme Court Takes Up Obamacare Abortion/Contraceptive Mandate

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Supreme Court Takes Up Obamacare Abortion/Contraceptive Mandate


The U.S. Supreme Court on Friday agreed once again to take up the Obama-era abortion/contraceptive mandate in a case that will determine if a Trump administration rule granting religious exceptions to the mandate was proper.

Lower courts ruled against the Trump administration, and the administration appealed to the high court. 

At issue are rules finalized by the Trump Department of Health and Human Services in 2018 that exempted employers “who have a religious or moral objection” to contraceptives and certain abortion-inducing drugs from being forced to cover them within Obamacare. The new rules did not apply to publicly traded companies.

The Affordable Care Act, also known as Obamacare, required the coverage of “preventive care,” which Obama’s HHS interpreted as covering 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 the latter two drugs abortifacients. 

Pennsylvania and California filed suit in separate circuits against the Trump rules in federal court and won. The Supreme Court will hear appeals from the Pennsylvania case, Trump v. Pennsylvania, and from a separate case, Little Sisters of the Poor v. Pennsylvania. The two cases will be consolidated. 

The Little Sisters of the Poor, an institute…

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