Obamacare contraception case hangs in the balance after death of Justice Scalia
The unexpected death of conservative Supreme Court Justice Antonin Scalia Saturday opens the door on a number of outstanding Supreme Court cases, including the fight against the Obamacare contraception mandate, as the court will have to decide whether to consider the cases after the confirmation of a new Supreme Court justice or to defer to lower-court decisions.
The biggest showdown pits the administration against religiously affiliated hospitals, charities or colleges that argue they should be exempt from the contraception mandate, an outgrowth of Obamacare that requires employers to cover 20 contraceptives approved by the Food and Drug Administration as part of their health care plans or pay hefty fines.
The nonprofits say an opt-out “accommodation” that the administration drafted doesn’t go far enough, leaving them complicit in providing drugs and services that conflict with their religious beliefs.
The 8th U.S. Circuit Court of Appeals shielded the nonprofits from the mandate, bucking seven other circuit courts that sided with the administration.
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