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Judge throws out Massachusetts challenge to Donald Trump’s Obamacare contraception rule changes

March 13, 2018

  Back on October 6th Donald Trump wrote an Executive Order which allowed organizations with religious or moral objections to contraception to opt out of Obamacare’s rule which mandated all companies must provide healthcare insurance which included contraceptive coverage.

  Massachusetts was one of several states which decided to sue the Trump administration over the rule change and today a U.S. District Judge  in Massachusetts threw out the challenge, stating Massachusetts Attorney General Maura Healey did not have standing. Here is more:

U.S. District Judge Nathaniel Gorton in Boston dismissed a lawsuit by Massachusetts Attorney General Maura Healey that sought to block rules that provide exemptions from an Obamacare mandate requiring such coverage on moral or religious grounds.

The ruling came after two other judges in California and Pennsylvania in December issued preliminary injunctions blocking the Republican president’s administration from enforcing the rules, which it announced in October.

Gorton said that in contrast to those two states, where there is “no doubt” employers intend to take advantage of the exemptions, “the record is uniquely obscure” as to whether any in Massachusetts would.

He noted that after the new rules were announced, Massachusetts enacted a law in November called the ACCESS Act that required employer-sponsored health plans to cover birth control without imposing co-pays.

As a result, Gorton said that state law provided reasons to believe Massachusetts women were less likely to be affected by the federal rules, undercutting Healey’s claim that the state would be injured by them and that she had standing to sue.

  As you can see above, Maura Healey claimed Massachusetts women would be hurt by the new contraception rules however the judge pointed out that Massachusetts has a state law mandating contraception therefor Maura Healey had no standing to sue. Maura Healey knew Massachusetts had this law in place and yet she sued anyway: to me this looks like an attempt to score political points and if the lawsuit moved forward all the better for her in her mind.

  This seems to be the right decision to me, but then again I think the whole issue of healthcare should have been handled on a State level in the first place.

  There are still at least two preliminary injunctions against Donald Trump’s new rule in place from other states and it is likely, in my opinion, that some of these cases will move forward, meaning this decision will not change anything until these other cases are decided.

malo periculosam libertatem quam quietum servitium

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2 Comments leave one →
  1. March 14, 2018 5:55 am

    Reblogged this on Brittius.

    Liked by 1 person

    • March 14, 2018 6:59 pm

      Thank you.

      Like

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