A three-judge panel has blocked the Trump administration from letting employers with moral or religious objections opt out of providing coverage that pays for birth control. The 2-1 decision, issued Tuesday in the U.S. Court of Appeals for the 9th Circuit, came in response to a lawsuit filed by 14 state attorneys general who wanted the Obamacare-linked rules set under former President Barack Obama to remain in place.
The mandate about birth control doesn't specifically appear in Obamacare. The law was written to allow the Department of Health and Human Services to decide what type of preventive care health insurance plans should cover without copays, and the Obama administration determined that all forms of birth control should be included, from the pill to intrauterine devices to emergency contraception.
Judge Andrew Kleinfeld, a George H.W. Bush appointee, dissented because a judge in Pennsylvania had already blocked the Trump administration rule from taking effect, which he said rendered the latest action moot.
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