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Another One Bites the Dust: Second Challenge to Birth Control Rule Rejected in One Week

Sarah Lipton-Lubet,
老澳门开奖结果 Washington Legislative Office
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July 19, 2012

Courts are making fast work this week of the lawsuits challenging the Obama administration鈥檚 rule requiring insurance plans to cover contraception and stop discriminating against women.

Just one day after a federal court in Nebraska threw out a lawsuit brought by seven anti-Affordable Care Act attorneys general, a federal court in D.C. . On Wednesday, a federal judge dismissed the lawsuit filed by Belmont Abbey College (the first of the two dozen challenges to the birth control rule).

This isn鈥檛 the first time that Belmont Abbey College has thumbed its nose at federal laws designed to stop discrimination against women in health care. In 2009, the Equal Employment Opportunity Commission concluded that the College was discriminating against its employees based on their gender because it withheld coverage for prescription birth control, which only women use, while providing insurance coverage for other prescription drugs. But as far as we know, the college is still resisting the EEOC鈥檚 decision and has yet to come into compliance. So it came as no surprise when it challenged the administration鈥檚 contraception rule, despite the fact that the rule is on solid legal footing, while the college鈥檚 claims are .

Reaching a similar conclusion to the Nebraska court, the D.C. court held that Belmont Abbey鈥檚 claims are simply 鈥渢oo speculative鈥 for a lawsuit. In addition to the exemption for churches and other houses of worship, which has always been part of the contraception rule, the Obama administration is currently in the process of figuring out how to modify the rule for a broader swath of non-profits. The goal of this modification is to allow certain nonprofit organizations with a religious objection to contraception to avoid contributing to insurance coverage for it, while at the same time ensuring that the organizations鈥 employees still have seamless access to such coverage. This modification certainly isn鈥檛 necessary, either legally or as a policy matter, but it does mean that the details of the final rule are up in the air, so the case doesn鈥檛 belong in court.

The New York Times recently , noting that institutions opposed to birth control coverage 鈥渉ave heedlessly rushed into court to try to stop an important advance for women鈥檚 health.鈥 In other words, these cases are motivated by a zeal to stop women from getting coverage for this critical health care service, and to feed a media storm. They鈥檙e not about religious liberty, but rather whether a woman should have insurance coverage for birth control; coverage that she can then decide what to do with, based on her own beliefs and health needs. Opponents seem ready to stop at nothing to make sure the answer is no. Good thing for women that so far, the courts aren鈥檛 having any of it.

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