Morning Briefing
Summaries of health policy coverage from major news organizations
Trump's Rules Easing Health Law's Contraception Mandate Blocked In 13 States And D.C.
A U.S. judge in California on Sunday blocked Trump administration rules, which would allow more employers to opt out of providing women with no-cost birth control, from taking effect in 13 states and Washington, D.C. Judge Haywood Gilliam granted a request for a preliminary injunction by California, 12 other states and Washington, D.C. The plaintiffs sought to prevent the rules from taking effect as scheduled on Monday while a lawsuit against them moved forward. (Thanawala, 1/13)
The plaintiffs, he wrote, had done enough to bolster their claim that the religious exemption and the moral exemption sought by the Trump administration were 鈥渘ot in accordance with鈥 the Affordable Care Act. After Judge Gilliam blocked the initial rules, the Trump administration appealed. Last month the United States Court of Appeals for the Ninth Circuit upheld the District Court鈥檚 ruling but limited the injunction鈥檚 scope. With that ruling in mind, Judge Gilliam made clear that the preliminary injunction he granted on Sunday bars enforcement in only the states that sued. (Stevens, 1/14)
The new rules mark the Trump administration's second attempt to narrow the Obamacare-related requirement that employers must provide FDA-approved contraception in the employee health plan at no cost. The first attempt was halted in 2017 after courts found the administration tried to make the change without giving the public the opportunity to weigh in. Houses of worship and closely-held private companies with religious objections are currently exempted from the birth control coverage mandate; the Trump administration is seeking to make the exemptions much broader. (Ollstein and Colliver, 1/13)
"The law couldn't be clearer 鈥 employers have no business interfering in women's healthcare decisions," California Attorney General Xavier Becerra said in a statement applauding the ruling. "Today's court ruling stops another attempt by the Trump Administration to trample on women's access to basic reproductive care." (Schwartz, 1/14)
Gilliam on Friday said a "substantial number" of women would lose birth control coverage under the Trump administration rules. 鈥淚t is a good day when a court stops this administration from sanctioning discrimination under the guise of religion or morality," deputy legal director of the American Civil Liberties Union Louise Melling said in a statement. "The Trump administration鈥檚 rules authorized employers and universities to strip women of birth control coverage 鈥 a benefit guaranteed to them by law, and meant to advance their health and equality. We applaud the order to enjoin the enforcement of these discriminatory rules.鈥 (Birnbaum, 1/13)
There is still a chance that a nationwide injunction could be issued in a separate case by Pennsylvania Attorney General Josh Shapiro and his New Jersey counterpart, Gurbir Grewal. A ruling in that case is expected any time. (Larson, 1/13)