Transcript Document

Contraceptive Coverage
Under the ACA
How We Got Where We Are Today
Leila Abolfazli and Hillary Schneller,
National Women’s Law Center
LSRJ Training, June 13, 2014
Preventive Services Provision
Plans must cover without cost-sharing:
O Various items or services for adults
and children, including
immunizations, screenings, and
counseling.
O But Congress realized there was a
gap.
What about women’s specific
preventive care needs?
Why include birth control and
education and counseling?
O Birth control prevents unintended pregnancy
O Allows women to plan and space their
pregnancies
Improves public health
Who Doesn’t Have to
Provide?
O Churches and other houses
of worship
employees do not get it
O Certain non-profits
employees/students do get it
(“accommodation”)
Who Does Have to Provide?
For profit companies
Two Lines of Cases
O For-profit companies
O Two cases at Supreme Court
O Non-profit organizations eligible for the
“accommodation”
O Cases moving through district courts and
circuit courts of appeal
Cases at the Supreme Court
O Hobby Lobby
O nationwide chain of arts and crafts stores
O over 13,000 employees
O Conestoga Wood
O wood cabinet and specialty goods
manufacturer
O nearly 1000 employees
Major Issues Before the
Court: RFRA
O Is a for-profit company a person capable
of exercising religion?
If yes, then:
O Is there a “substantial burden” on
religious exercise?
If yes, then:
O Is there a “compelling interest”?
The Government’s Response
For-profit corporations are not capable of
exercising religion
No substantial burden on religious exercise
O Too attenuated
O Tax alternative
Even if there is a substantial burden, the
rule is justified by compelling government
interests in:
O Women’s health
O Women’s equality
Amicus Strategy
O What’s the point?
O Who should the Court hear from?
O Quality vs. quantity
Amicus Arguments
O
Disrupts principles of corporate law -- corporate law scholars
O
Employees’ religious freedom -- religious groups
O
History of using religion to discriminate -- ACLU
O
Compelling interests, burden on female employees -- NWLC
O
Impact on LGBT persons & people with HIV -- Lambda Legal
O
Impact on other health care -- medical and health groups
O
Establishment Clause -- church-state scholars
O
Intent of ACA & RFRA -- members of Congress
Opinion Pieces In Support of
Contraceptive Coverage Requirement
Questions from the Justices
O Effect on other health care services – vaccines,
O
O
O
O
blood transfusions
Impact on other federal law, including
antidiscrimination laws
Burden on employees
How some forms of contraceptives work
Whether there are alternative means by which
the government could ensure women’s access
to contraceptives – e.g., Title X expansion
Outside the Court