Tuesday, October 2, 2012

From Wonkblog: Missouri court: Yes, the feds can mandate contraceptive coverage

This dispute will very likely wind up in the Supreme Court:

A number of lawsuits, challenging the health law’s required coverage of contraceptives, are winding their way up through the federal court system. A few have seen preliminary rulings on ripeness (whether the case can even be brought yet) and standing (whether the people bringing the suit have actually suffered damage).
A court in Missouri today became the first to rule on a lawsuit’s merits: Whether, as the case argues, the contraceptives mandate is a violation of the First Amendment freedom to practice religion. In a ruling written by George Bush-appointee Carol Jackson, the Eastern District of Missouri court found the health law provision to be constitutional.

You can read the full 29-page opinion here. The main thrust of the opinion though, is this: The requirement that employers cover contraceptives does not represent a substantial burden on employers’ ability to practice religion.

Looks like we will have opportunities to dig into the meaning and extent of religious freedom.