Supreme Court Dodges ObamaCare Abortion and Contraceptive Mandate

May 16, 2016

Today the U.S. Supreme Court sent several cases dealing with religious exemptions to the ObamaCare contraception and abortion drugs and devices mandate back to lower courts in an attempt to get the sides to resolve a compromise. Obama Administration’s HHS mandate requires that non-church religious organizations must provide contraceptive and abortion-inducing drugs and devices at no cost to the employees. 

The Court said it was not deciding the cases on the merits but instead sent them back down to the lower courts for opposing parties to see if they could work out a compromise. It appears members of the Court believe there is a way for an employer to object to the insurance company at the time the coverage is negotiated so that it can avoid providing the offensive drugs and devices while forcing the insurance company to pay instead. However, self-insured employers are also the insurance company, so it is hard to see how this proposed compromise has any real meaning. 

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