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HHS Contraceptive Mandate: Litigation UpdateOn August 1 of this year, the Department of Health and Human Services mandate went into effect. The mandate, issued under the authority of the Affordable Care Act, requires employers to provide their employees with free coverage for all FDA-approved contraceptives and sterilization methods.  While the mandate includes a “religious employer” exemption--which is essentially limited to houses of worship--many employers who do not qualify for the exemption have filed suit in courts across the nation, claiming that the mandate violates their First Amendment rights, as well as their rights under federal statutory law.  Who are these employers who say their consciences do not allow them to cover the mandated drugs?  What arguments have they raised? How have the courts ruled thus far? Hasn't the government promised to accommodate these employers? On this previously recorded conference call, Mr. Duncan discusses the legal issues at stake and provides a litigation update.


  • Mr. Kyle Duncan, General Counsel, The Becket Fund for Religious Liberty
  • Moderator: Mr. Dean Reuter, Vice President & Director of Practice Groups, The Federalist Society

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