Litigation continues over the Trump administration’s rules on religious and moral objections to the Affordable Care Act’s (ACA’s) contraceptive mandate. The final rules were set to go into effect in January 2019 until they were enjoined by federal district court judges in California and Pennsylvania. These lawsuits are continuing at both the district court and appellate levels, with oral arguments to be held throughout the summer and fall. A separate challenge has resumed in Massachusetts.
With the final rules enjoined, the Obama-era accommodation for the contraceptive mandate remains in place. Given this, two couples and a business in Texas brought a class action lawsuit to challenge the Obama-era rules. This lawsuit is advancing quickly and could lead to a situation where both the Obama-era rules and the Trump-era rules on the contraceptive mandate are set aside in dueling preliminary injunctions.
This post summarizes the current (hairy) status of the litigation in California, Massachusetts, Pennsylvania, and Texas.