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Eight Years Ago, Even Republican Judges Rejected Notre Dame’s Attack On Contraceptive Access

Earlier today, 43 Catholic-affiliated organizations, including the University of Notre Dame, filed twelve separate lawsuits claiming that the Obama Administration’s efforts to expand access to birth control violate the religious liberties of conservative Catholics. For California residents, however, this lawsuit is like stepping into a time warp, since the overwhelmingly Republican California Supreme Court rejected a nearly identical lawsuit over eight years ago.

In 1999, California enacted a law guaranteeing that many employer-provided insurance plans include coverage for birth control. Catholic Charities sued, raising very similar claims to the ones raised in today’s lawsuits. When the case reached the state supreme court in 2004, however, five of the court’s six Republican justices held that, even if the law were examined under the strictest level of constitutional scrutiny, California’s contraceptive access law is constitutional:

The [law] serves the compelling state interest of eliminating gender discrimination. Evidence before the Legislature showed that women during their reproductive years spent as much as 68 percent more than men in out-of-pocket health care costs, due in part to the cost of prescription contraceptives and the various costs of unintended pregnancies, including health risks, premature deliveries and increased neonatal care. Assembly, Senate and legislative staff analyses of the bills that became the [birth control law] consistently identify the elimination of this economic inequity as the bills’ principal object. . . .

Strongly enhancing the state’s interest is the circumstance that any exemption from the WCEA sacrifices the affected women’s interest in receiving equitable treatment with respect to health benefits. We are unaware of any decision in which this court, or the United States Supreme Court, has exempted a religious objector from the operation of a neutral, generally applicable law despite the recognition that the requested exemption would detrimentally affect the rights of third parties. . . . [I]n rejecting a religious employer’s challenge to a law requiring him to pay Social Security and unemployment taxes for his employees, the [Supreme C]ourt wrote that “[g]ranting an exemption from social security taxes to an employer operates to impose the employer’s religious faith on the employees.

Only one justice dissented from this outcome, Justice Janice Rogers Brown, who President George W. Bush later appointed to a federal appeals court in D.C. In her new job, Judge Brown wrote an opinion suggesting that all labor, business or Wall Street regulation is unconstitutional. In other words, eight years ago, the case against contraceptive access earned barely any support even on one of the most Republican courts in the country, and the sole justice who voted to strike California’s law down — Judge Brown — is the same judge who once compared liberalism to “slavery” and Social Security to a “socialist revolution.”

NEWS FLASH

43 Catholic Institutions File 12 Separate Lawsuits Against Obama’s Birth Control Rule | The University of Notre Dame, Catholic University of America, the Archdiocese of Michigan, and the Archdiocese of New York have filed a lawsuit against an Obama administration regulation requiring employers and insurers to offer preventing health services — including contraception — without additional cost sharing. The suit, one of 12 filed Monday, argues that the requirement violates the Catholic institutions’ religious freedom — even though regulators have included an accommodation for religious organizations. Planned Parenthood President Cecile Richards has called the challenges “unbelievable” and claimed, “This isn’t a religious or political issue – it’s a medical issue, and that’s where we should keep it.” An overwhelming majority of Americans — and Catholics — support the coverage rule.

Update

Ian Millhiser points out that eight years ago, a similar case against contraceptive access “earned barely any support even on one of the most Republican courts in the country.”

NEWS FLASH

Sick Americans Very Concerned About The Cost And Quality Of Health Care | As the price of health care has grown faster than inflation, three-fourths of Americans who have been sick in the last year say medical costs is a very serious problem, compared to only 61 percent of Americans who haven’t been sick. And half of sick people think quality of care is a very serious problem, according to a new joint poll. The survey compares what sick and health Americans think about the health care system. Based on the results, “the recently ill are more likely to say the cost and quality of care have worsened over the past five years, compared to people who weren’t sick,” NPR reports. Here’s the breakdown (click to expand):

NEWS FLASH

Voters Prefer Obama Over Romney On Health Care | According to a new Gallup poll, voters prefer President Obama over Mitt Romney 51 percent to 44 percent when it comes to health care. It was one of the top three issues, along with unemployment and the budget deficit, that a large majority of voters said they cared about. Romney beats Obama 54 to 39 percent on the budget deficit, but the two are tied on unemployment, with voters preferring Obama 48 percent to 47 percent. Eighty-four percent of voters polled by Gallup said health care is an extremely important or very important issue that the country is facing.

Rising Care Costs Increased Health Spending As Americans Used Fewer Services

As Americans used less medical services overall, health care spending rose at double the rate of inflation in 2010 because hospitals, outpatient centers, and other providers charged higher prices, according to a report by the Health Care Cost Institute.

Health costs jumped by 3.3 percent during the economic downturn even though people were using less care, so people with job-based insurance “are paying more and getting less,” said Chapin White, a senior researcher at the Center for Studying Health System Change. Hospitals and other medical providers “just seem to be able to raise prices faster than general inflation,” he said.

Health care costs grew the fastest for children under 18, and the prices for outpatient visits and inpatient admissions increased faster than other health services:

The analysis studied 3 billion claims paid by insurance companies Aetna, Humana, and UnitedHealthcare for 33 million people who have job-based insurance nationwide, but it does not include spending for people on Medicare, Medicaid, or who buy their own policies.

Along with the growing costs, average health care costs for a family of four have topped $20,000. The report by the Commonwealth Fund found that people in the U.S. spend more on health care per person than any other developed nation, but do not receive the best quality of care.

Insurers argue they simply pass on the rising cost of care to consumers, but because of the rapid increases, these two reports about rising health care costs highlight why the U.S. needs the Affordable Care Act. President Obama’s health care reform law will help reduce costs and improve quality, which is key to making health insurance more affordable.

Missouri Legislature Approves Bill Allowing Employers To Deny Access To Birth Control

Missouri legislators passed a bill Friday that allows employers or health insurance providers to stop offering coverage for contraception, abortion, or sterilization if doing so violates their religious or moral convictions. The bill now goes to Gov. Jay Nixon (D), who has not said whether he supports the legislation.

The measure mirrors a federal restriction proposed by Sen. Roy Blunt (R-MO) that has not progressed in Congress and is designed to push back against the Obama administration’s rule requiring contraception coverage to be included in insurance plans at no additional cost.

While some Democrats opposed the anti-contraception bill, it passed the Senate 28-6 and the House 105-33:

The bill states that no employer or health plan provider can be compelled to provide coverage _ or be penalized for refusing to cover _ abortion, contraception or sterilization if those items run contrary to their religious or moral convictions. The bill also gives the state attorney general grounds to sue other governmental officials or entities that infringe on the rights granted in the legislation.

“This bill is about religious freedom and moral convictions,” said Rep. Sandy Crawford, R-Buffalo. “This is about sending a message to the federal government that we don’t like things rammed down our throat.”

But state Rep. Stacey Newman (D) said the bill endangering women’s access to health care was more of an attack on “women’s reproductive choices” than a message to the federal government. “This is wrong and I dare you to go home and talk to your daughters … and say, ‘Look, what we’re going to say is that your employers’ religious beliefs matter more than your own,’” Newman told colleagues.

In 2006, 53 percent of pregnancies in Missouri were unintended, 61 percent of which resulted in live births and 25 percent resulted in induced abortions. According to the Guttmacher Institute, 65 percent of births that were unintended were publicly funded, compared to 50 percent of all births and 37 percent of intended pregnancies.

Morning CheckUp: May 21, 2012

Higher prices charged by hospitals drove health spending during downturn: “Higher prices charged by hospitals, outpatient centers and other providers drove up health care spending at double the rate of inflation during the economic downturn– even as patients consumed less medical care overall, according to a new study.” [Kaiser Health News]

Diabetes on the rise among teenagers: “Nearly one in four American adolescents may be on the verge of developing Type 2 diabetes or could already be diabetic, representing a sharp increase in the disease’s prevalence among children ages 12 to 19 since a decade ago, when it was estimated that fewer than one in 10 were at risk for or had diabetes, according to a new study.” [New York Times]

New Hampshire Senate again acting on anti-abortion bills: “New Hampshire’s Senate is voting again whether to require pregnant women to wait 24 hours for an abortion, whether to exclude contraceptive coverage from some health plans and other Senate bills amended by the House.” [AP]

Supreme Court decision on federal health care law could fire up young voters: “But the U.S. Supreme Court could strike down the health care law when it rules on a constitutional challenge, probably in June. The law is unpopular in Ohio, polling shows, and Ohio voters have already said through a ballot initiative that they want to invalidate its mandate for nearly everyone to get health insurance. Yet its proposed cancellation has the potential to anger young adults, an important voting bloc for Obama in November.” [Cleveland Plain Dealer]

Backers of health insurance rate regulation edge closer to California ballot: “The initiative is expected to spark an expensive campaign battle over rising health insurance rates, which have angered thousands of California consumers in recent years. This measure seeks to regulate rate increases for health policies sold to individuals and small businesses, which cover about 5 million people.” [Los Angeles Times]

Illinois receives health care grant, but use of funds unclear: “Illinois has received a $32.8 million federal grant to help establish a statewide health insurance exchange, but it’s unclear how the money will be used. The grant, announced this week, is in addition to $6 million in grants the state previously received for the exchange.” [State Journal-Register]

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