Wednesday, May 09, 2012

Catholic Business Group Challenges Health Insurance Mandate

Another federal court lawsuit was filed this week challenging the Obama administration's mandate under the Affordable Care Act requiring that health insurance policies fully cover contraceptive services. The suit was filed by Legatus, an organization of Catholic business owners and CEOs, as well as by a member of the organization and his company. The complaint (full text) in Legatus v. Sebelius, (ED MI, filed 5/7/2012) claims that the Mandate violates the free exercise and Establishment clauses, infringes free speech rights and violates RFRA and the Administrative Procedure Act. The complaint alleges:
Complying with the Mandate requires a direct violation of the Plaintiffs’ religious beliefs because it would require Plaintiffs to pay for and assist others in paying for or obtaining  not only contraception, but also abortion, because certain drugs and devices such as the “morning-after pill,” “Plan B,” and “ella” come within the Mandate’s and Health Resources and Services Administration’s definition of “Food and Drug Administration-approved contraceptive methods” despite their known abortifacient mechanisms of action.
The Thomas More Law Center issued a press release announcing the filing of the lawsuit.