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IU Maurer professor argues ACA contraception mandate benefits women’s health and economic stability

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Another battle over the Affordable Care Act goes before the Supreme Court of the United States today as the justices hear two cases challenging the contraception coverage mandate in the health care law.

Sebelius v. Hobby Lobby Stores, Inc., 13-354, and Conestoga Wood Specialties Corp. v. Sebelius, 13-356, raise the issue of whether the First Amendment or the Religious Freedom Restoration Act allow a for-profit corporation to deny its employees health insurance for contraceptives based on the owners’ religious opposition to birth control. The ACA includes an exemption for some religious organizations but not for for-profit businesses.

Indiana University Maurer School of Law professor Dawn Johnsen co-authored an amicus curiae brief on behalf of the Guttmacher Institute and Sara Rosenbaum, professor at George Washington University, in support of the contraception coverage guarantee. The brief details the harm to women, their families and the public health that would result if the court were to rule in favor of the corporations and argues that the proper interpretation of the law avoids these harms.

The cases before the Supreme Court are not the first challenges to the contraception provision. The University of Notre Dame tried to get a preliminary injunction against the birth control mandate but failed in the U.S. District Court for the Northern District of Indiana, South Bend Division and on appeal before the 7th Circuit Court of Appeals.

In her brief, Johnsen and her co-author, former acting solicitor general Walter Dellinger, argue that allowing for-profit employers to deny women access to contraceptive coverage will force many women to use birth control methods that are not optimal for their health and are far less effective.

They further argue that the empirical data shows if the court allows employers’ religious objections to limit women’s health care decisions in this way, women not only will suffer economic harm and an affront to their own religious and moral views, they also will experience greater numbers of unintended pregnancies, some of which will end in abortions.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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