Birth control rule...

Second federal judge halts Trump's birth control rule

By VICTORIA COLLIVER

A second federal judge on Thursday temporarily blocked the Trump administration rule that makes it easier for employers to deny contraceptive coverage on moral or religious grounds — a requirement under Obamacare.

Judge Haywood Gilliam, Jr., of the the U.S. District Court for the Northern District of California, issued a preliminary injunction suspending the president's directive, which allowed virtually any employer to claim a religious or moral objection to covering birth control.

A federal court judge in Pennsylvania granted a preliminary injunction on the same matter last Friday, determining the directive would cause "serious and irreparable harm."

Gilliam's 29-page ruling centered on the Trump administration's failure to pursue a notice and comment process before implementing the policy. His decision appeared to rest more heavily on the procedural elements than Judge Wendy Beetlestone of the of the U.S. District Court in Philadelphia, who concluded it would be hard to imagine a rule that “intrudes more into the lives of women.”

But Gilliam also acknowledged "the potentially dire public health and fiscal consequences" that could affect the plaintiffs "as a result of a process as to which they had no input.”

"Plaintiffs are not only likely to suffer irreparable procedural harm in the absence of a preliminary injunction, they already have done so," Gilliam wrote. The judge heard arguments in a federal court in Oakland, Calif., last week.

The Trump administration signaled a possible appeal. "We disagree with the court’s ruling and are evaluating next steps," said Lauren Ehrsam, a DOJ spokeswoman. "This administration is committed to defending the religious liberty of all Americans and we look forward to doing so in court."

The decision effectively returns the policies to where they were before Oct. 6, when President Donald Trump issued the rule and put it into effect immediately. Obamacare generally requires employers to cover FDA-approved contraception at no cost to the woman.

California Attorney General Xavier Becerra filed a lawsuit over the new directive the day it was issued. Four other states — Delaware, Maryland, New York and Virginia — have joined California's suit. Additional suits have been filed by other states, including Pennsylvania, Massachusetts and Washington.

"In concert with last week's injunction in Pennsylvania, today's ruling amounts to a one-two punch against the Trump Administration's unlawful overreach," Becerra said in a statement following the ruling. "Having said this, our work will not end until women are guaranteed the health care they deserve.”

California state law already requires insurers to cover birth control, but state officials have argued the federal directive could affect as many as 6.8 million Californians who are currently on employer-sponsored health plans that fall outside that state directive.

Americans United, a group that advocates for church-state separation, called the Trump administration's rules discriminatory.

“Contraception is a core aspect of women’s health care and equality," said the group's attorney, Kelly Percival. "Using religion as an excuse to deny women access to birth control violates our fundamental principles of religious freedom and fairness.

Conservative religious groups decried both decisions. “Courts do not have the authority to order the federal government to force religious nonprofits to provide free contraception and abortion drugs and devices,” said Mat Staver, founder and chairman of Liberty Counsel, in a statement issued earlier this week.