In a little reported decision by a panel of the Third Circuit Court of Appeals last week, the court upheld federal rules intended to ensure access to birth control Opinion (.pdf), over a claim by employers who objected to the “tweaked” rule after Hobby Lobby. Obama Administration Is Quietly Racking Up Court Victories For Birth Control, Despite Hobby Lobby:
The Third Circuit became the fourth federal appeals court to reach a similar conclusion in a challenge brought by an employer who objects to some or all forms of birth control, despite concerns that the Supreme Court’s decision in Burwell v. Hobby Lobby would impede access to contraceptive care.
The Hobby Lobby opinion permitted an employer to ignore a version of the Obama Administration’s birth control rules, yet it also contained language suggesting that, with a slight tweak to those rules, access to contraceptive care could be restored.
The rule in Hobby Lobby required employers to cover contraception in their employer-provided health plan. The tweaked version of the rule only requires employers with religious objections to birth control to send a form or a letter to the federal government saying that they wish to invoke an exemption to the rule, and informing the government “which company administers their health-insurance plan.” Once this occurs, the employer is freed from its obligation to comply with the law, and the government works separately with the insurance administrator to ensure that the objecting employer’s workers receive contraceptive coverage.
