Sunday, December 02, 2018

Another Contraceptive Coverage Mandate Case Is Settled

Another of the challenges by religious non-profits to the Obama administration's Affordable Care Act contraceptive coverage mandate has been disposed of by the courts.  The Trump administration has expanded the exemption available for those with religious or moral objections to the mandate and numerous of the cases have already been, with the acquiescence of the government, decided in favor of the objectors. In the latest, the 11th Circuit has issued an order (full text) in Eternal Word Television Network, Inc. v. Secretary of the U.S. Department of Health and Human Services, (11th Cir., Nov. 29, 2018), vacating the district court's order granting partial summary judgment to defendants and remanding the case.  As explained in a press release from ETWN:
Following the Supreme Court’s decision in Zubik, the Court of Appeals vacated its own negative order against EWTN on May 31, 2016.  The court’s order asked for further briefing on the matter while the parties worked toward a settlement. 
Attorneys for EWTN and the Department of Justice negotiated terms of a settlement under which the government agreed not to enforce the contraceptive mandate against the network, and that EWTN would ask the 11th Circuit Court of Appeals to vacate the District Court’s decision. The 11th Circuit granted that request on Nov. 29.