In an apparent set-up for a U.S. Supreme Court ruling, the Eight Circuit Court of Appeals in St. Louis has rejected the Obama administration's attempt to work around employer objections to the birth control mandate.
The court ruled Thursday that four Christian nonprofits should not have to comply with the controversial Obamacare mandate.
Under terms of the Patient Protection and Affordable Care Act, employers who offer coverage to employees must cover certain "essential" conditions. Among them: birth control for women. The requirement led to multiple legal challenges from employers that cited their religious beliefs as a reason for refusing to pay for such coverage.
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The administration crafted a work-around it thought would satisfy the employers. They did not have to pay for the coverage, but had to align themselves with insurers that would pay for it.
The administration underestimated the apparent religious commitment of most of those who had objected. The response to the work-around — no soap, pal. We're still complicit in the coverage and we aren't having any of it.
The Eight Circuit upheld such a challenge. That created an appellate court stalemate, since other appellate courts ruled in favor of the PPACA. According to a Reuters report, the issue could be taken up in the upcoming SCOTUS that begins in October.
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Dan Cook
Dan Cook is a journalist and communications consultant based in Portland, OR. During his journalism career he has been a reporter and editor for a variety of media companies, including American Lawyer Media, BusinessWeek, Newhouse Newspapers, Knight-Ridder, Time Inc., and Reuters. He specializes in health care and insurance related coverage for BenefitsPRO.
