Contraceptive Mandate Under Attack

Since October, the Trump Administration has been embroiled in a legal battle over its attempted revocation of a controversial provision in the Affordable Care Act that mandates employers cover all contraceptive costs for their employees. The provision was already undermined by a Supreme Court ruling in Burwell v. Hobby Lobby that granted limited exemptions to the employer mandate on the basis of the provisions of the Religious Freedom Restoration Act, an interpretation of the RFRA that was likewise controversial. Despite the Hobby Lobby ruling, however, political conservatives have continued to attack the ruling on the basis that employers’ freedom of conscience is still threatened by the mandate; thus, the attempted revocation of the contraceptive mandate is consistent with conservative positions on the issue.

The executive order was almost immediately challenged by California Attorney-General Xavier Becerra and Massachusetts Attorney-General Maura Healey, both of whom are Democrats. Federal judges in Pennsylvania and California blocked the rollback on December 15 and December 21, respectively.