ACA's Contraception Mandate May Be Headed for SCOTUS

Three Circuit Court of Appeals have now weighed in on the Affordable Care Act's mandate for coverage of contraception services.  Under the ACA, employers are required to cover a range of birth control methods on their employee health plans. Currently, explicit exemption from the contraception mandate exists for churches and houses of worship. Employees of such places will, however, be able to obtain birth control directly from their insurance companies.

[citizensproject.org]

Yesterday, the 6th Circuit Court of Appeals upheld the new law in Autocam v. Sebelius, Autocam is owned by the Kennedy family, practicing Roman Catholics, who argued this mandate would violate their religious beliefs. The court sent the case back to the district court with orders to dismiss the company's challenge, stating that Autocam lacked standing to challenge the ACA under the Religious Freedom Restoration Act, as it is a company and not an individual. (A somewhat surprising holding in light of Citizens United.)

This case is just one of several dozens across the country challenging the rule mandating contraception coverage since the regulations were announced in 2011.

In late July, the 10th Circuit Court of Appeals in Denver found an arts and crafts chain, Hobby Lobby, may be exempt from the requirement. Taking the opposite approach one week later, the 3rd Circuit held that a Pennsylvania Mennonite cabinet-making company could not be exempt because corporations cannot exercise religious freedom like a person can.

The difference of opinion could mean the Supreme Court is slated to decide the fate of the mandate.