The decision watered down the Affordable Care Act's 'contraceptive mandate,' allowing employers and universities to opt out of providing health insurance coverage for contraception for religious or moral reasons.
Both cases concern an Obama administration–era requirement under the Affordable Care Act which mandated that all employers in the US provide their employees with insurance coverage for contraception, or apply for an exemption that would enable their employees to get insurance coverage through another entity.
Thomas also noted that"contraceptive mandate" has existed for approximately nine years and"litigation surrounding that requirement has lasted nearly as long." Opponents of the rules, led by the state of Pennsylvania, took the administration to court, arguing that Trump’s rules were too broad and could allow any employer to deny birth control coverage to its employees. They especially took issue with the “moral” exemption, arguing that morality is not easily enough defined to qualify as a reason for being exempt from the contraception coverage requirement.
Because of this ambiguity, Kagan and Breyer interpreted precedent as dictating that they have to agree to a “reasonable interpretation by the implementing agency,” in this case the Trump Health Department’s Health Resources and Services Administration .
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