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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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