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Judge Rejects Challenge to Contraceptives Rule

By: The News Service of Florida
By: The News Service of Florida

July 19, 2012 -

A federal judge Tuesday tossed out a challenge by Florida and six other states to part of the federal health overhaul that requires coverage for contraceptives in insurance plans. The lawsuit, filed in Nebraska, centered on religious organizations' objections to the requirement in the Affordable Care Act. The states contended, at least in part, that Medicaid enrollment would grow if the coverage requirement leads organizations to stop providing insurance to their employees. But Senior U.S. District Judge Warren Urbom found that the states didn't have legal standing to sue, saying their theory "is based on layers of conjecture." Urbom wrote that the state's complaint "merely offers guesses about how independent actors will respond to the rule and speculation that these responses could cause people to qualify for, and obtain, state benefits that they would not otherwise seek, which will then strain the state's budgets. This is not sufficient to establish standing." Nebraska Attorney General Jon Bruning has spearheaded the lawsuit. Along with Florida, the other states that signed onto the case were South Carolina, Texas, Ohio, Oklahoma and Michigan.


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