Courts cast skeptical eye on Obamacare contraception mandate

The Washington Times ^ | January 17, 2013 | Tom Howell Jr.

[jazusamo]

President Obama’s mandate that most private companies provide health insurance plans that include free contraceptives has met with considerable headwinds in the legal system, where nine of the 14 federal courts to rule so far have sided with employers who say the mandate violates their beliefs and infringes on their religious liberties.

While the broad scope of the president’s health law survived Supreme Court scrutiny last year, the challenges to the contraception mandate remain a major legal hurdle for the Obama administration, and the deep skepticism shown by a number of judges makes it likely the high court will be called upon to settle this dispute, too.

“I think the case is probably heading for the Supreme Court,” said Timothy Jost, a health care scholar at the Washington and Lee University School of Law. “We already have a split in the circuits.”

The birth control coverage mandate has been a flashpoint since it was announced a year ago.

Under the new rules, all employers with the exception of actual religious houses of worship have to pay for — or make available through an outside insurer — contraceptive coverage for employees as part of their insurance plans, including such items as the “morning-after pill,” sterilizations and other treatments to which the Catholic Church, many evangelicals and other religions object.

Religiously-affiliated charities and schools immediately objected to the regulations put out by the Department of Health and Human Services, as did some devout business owners, and more than 40 challenges are winding their way through the courts, according to the Becket Fund for Religious Freedom, which is helping with many of the lawsuits.

[massgopguy]

Let’s see, a $1,200 AR-15 is “easily” available but a $5 co-pay for Birth Control is a War on Women.

[jeffc]

Are contraceptives the only thing specified by zerocare? Or are other things forced to be included, say, like, free flu shots, which would be a much more cost-effective way of dealing with health.

Are PAP smears and breast exams specifically specified? Wouldn't women want those things more than "free" contraceptives? What about free prostate exams for men? If zerocare was all about health, procedures like these would go a long way towards keeping people healthy. Unless things like these are specified and included, zerocare is nothing more than a Trojan Horse to increase the size and scope of government to keep the people under its thumb.

[jazusamo]

To me the whole obamacare debacle is a way for government to control us. To require employers contrary to their religious beliefs to provide health insurance that pays for contraceptives and the morning after pill is pathetic.

[jazusamo]

Please bump the Freepathon or click above and donate or become a monthly donor!

[pepsionice]

Basically, it’s another regulation. A kid born today, will have to walk his way through ten thousand pages of regulation by the time he finishes college at age 21. By the time, he dies at age 70....he’s been through sixty thousand pages of regulation. They even write regulation over septic tanks today, and toilet seats. Imagine if you couldn’t read...it’d be a pretty messy life with no understanding of the regulations that govern your life.

[jazusamo]

Well said...I saw an article in the last couple days, don’t remember where but I don’t think it was posted here. It was about new fed regulations since either the election or the first of the year, don’t recall which. There’s been over 5000 with over 1000 in the EPA alone, there’s no way anyone can keep up with rules and regs at that rate.