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Sunday, March 16, 2014

No Private Business Exception for Birth Control `Mandate' //NJ Law Journal Editorial

OTHERWISE: No Private Business Exception for Birth Control `Mandate' //NJ Law Journal Editorial:

The United States Supreme Court will hear argument later this month in a challenge to the misnamed 'birth control mandate'.  Two private businesses owned by religious objectors assert an exemption from a general law: the `Obamacare' requirement of free birth control to all women under health insurance plans. - GWC
Limits of Free Exercise
by the Editorial Board, New Jersey Law Journal
(c) American Lawyer Media  March 14, 2014



The Affordable Care Act has become a symbol. Its broad reforms of our health insurance system excite loyalty and loathing. It barely survived its first constitutional challenge when, in NFIB v. Sebelius, a bare majority of the Supreme Court upheld the mandate to purchase health insurance in a federally regulated private market. The ACA's requirement that certain preventive services be included "without cost sharing" compels health plans to provide FDA-approved methods of contraception. This has incited determined opposition by some who assert religious objections to some or all artificial birth control methods. The Supreme Court has agreed to hear two such challenges—one from the 10th Circuit (in favor of the challengers) and the other from the Third Circuit (against)..........


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