Employee Lacks Standing To Challenge Contraceptive Coverage Mandate

In Wieland v. U.S. Department of Health and Human Services, (ED MO, Oct. 16, 2013), a Missouri federal district court denied a temporary restraining order to a Missouri state employee and his wife who claim that the Affordable Care Act contraceptive coverage mandate forces them to violate their religious opposition to contraception, sterilization, and abortifacients by mandating that their group health insurance policy make these services available to their daughters who are covered by the policy.  The court held that plaintiffs lack standing to sue because they did not allege a sufficient connection between the injury they claim and action by HHS, the only defendant.  Here, any injury was caused by the State of Missouri and its health insurer, and if an injunction were issued barring enforcement of the mandate, the state could still refuse to offer its employees a health plan that excludes contraception and abortion. (See prior related posting.) [Thanks to Tom Rutledge for the lead.]