This was published as a Wall Street Journal Think Tank column on June 30, 2014. The Supreme Court decision upholding Hobby Lobby’s ability to refuse to cover certain contraceptive services based on its owners’ religious beliefs has set off a wave of analysis of what the decision means. That will not be…
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Data Note: Differences In Public Opinion On The ACA’s Contraceptive Coverage Requirement, By Gender, Religion, And Political Party
One of the most politically polarizing elements of the Affordable Care Act (ACA) is the law’s requirement that new private health insurance plans cover prescription contraceptives and services, including all methods approved by the Food and Drug Administration. The rule currently provides an exemption for houses of worship and an…
Brief Examines the Olmstead Decision’s Role In Community Integration for People With Disabilities Under Medicaid
As the 15th anniversary of the Supreme Court’s Olmstead decision approaches this month, a new brief from the Kaiser Family Foundation examines the legacy of the landmark civil rights ruling that the institutionalization of people with disabilities is illegal discrimination under the Americans with Disabilities Act. The brief, Olmstead’s Role…
Olmstead’s Role in Community Integration for People with Disabilities Under Medicaid: 15 Years After the Supreme Court’s Olmstead Decision
June 2014 marks the 15th anniversary of the United States Supreme Court’s landmark civil rights decision in Olmstead v. L.C., finding that the unjustified institutionalization of people with disabilities is illegal discrimination. This issue brief examines the legacy of Olmstead, with an emphasis on legal case developments and policy trends emerging in the last five years and the related contributions of the Medicaid program.
The Supreme Court is expected to reach a decision by the end of June, 2014 on the cases brought forth by Hobby Lobby and Conestoga Wood Specialties, two for profit corporations challenging the ACA’s contraceptive coverage requirement. The plaintiffs contend that the requirement that they include coverage for certain contraceptive services (emergency contraceptive pills and intrauterine devices) in the insurance plans “substantially burdens” both the corporation’s and the owners’ religious rights. During the arguments, several of the justices discussed the extent to which the corporations did or not did not have a choice in offering coverage to their workers. In this brief, we explore some of the factors influencing coverage decisions and possible consequences for women and employers given possible Supreme Court decision options: either upholding the contraceptive coverage requirement, or in favor of Hobby Lobby.
Issue Brief Explores Consequences of Potential Supreme Court Decisions on the ACA Contraceptive Coverage Requirement
A new Kaiser Family Foundation issue brief explores some of the factors influencing employers’ coverage decisions and possible consequences for employers and workers that could arise from possible Supreme Court decisions in the cases brought by Hobby Lobby and Conestoga Wood Specialties, for-profit corporations challenging the Affordable Care Act’s requirement…
The Supreme Court and Contraceptive Coverage: Legal and Policy Implications – Briefing and Panel Discussion
On Tuesday, March 11, two weeks before the hearings, Kaiser Family Foundation hosted a public briefing and panel discussion to discuss two upcoming Supreme Court cases brought forth by for-profit corporations that challenge the Affordable Care Act’s requirement to cover contraceptives, and the implications these rulings have for the ACA, corporate and individual religious protections, and civil rights.
On March 25th, the Supreme Court will hear two cases brought by for-profit corporations challenging the ACA’s contraceptive coverage rule on religious grounds. These two corporations are Hobby Lobby, a national chain of craft stores owned by a Christian family and Conestoga Wood Specialties, a cabinet manufacturer, owned by a Mennonite family. Beyond the impact on the ACA and contraceptive coverage, the Court’s decision may have implications for religious rights of employers and employees, as well as corporate and civil rights laws. This brief examines three fundamental questions raised by some of the 84 amicus briefs that have been submitted to the Court.
This issue brief dissects the issues raised by the legal challenges to the Affordable Care Act’s requirement that private insurance plans include contraception as part of their coverage of preventive services for women. Over 40 for-profit corporations and over 40 nonprofit corporations have filed lawsuits claiming that the requirement to provide their employees with contraceptives violates their religious rights. On November 26, 2013, the Supreme Court agreed to hear two cases filed by for-profit corporations, Hobby Lobby and Conestoga Wood Specialties, that claim that this requirement violates their religious rights. At the crux of these cases is a question that the Supreme Court has not previously addressed: Do for-profit corporations have religious protections under the 1993 Religious Freedom Restoration Act and the First Amendment? The brief provides background on how the ACA’s contraceptive requirement works, summarizes some of the legal challenges brought by for-profit and non-profit organizations and discusses the implications of potential rulings by the Supreme Court.
On June 28, 2012, the U.S. Supreme Court upheld the constitutionality of the Affordable Care Act (ACA). A majority of the Court also found the ACA’s Medicaid expansion unconstitutionally coercive of states, while a different majority of the Court held that this issue was fully remedied by limiting the Health…