The Berkley Center and the Georgetown University Law Center convened a symposium on September 21, 2012 which examined the legal, theological, health, equality, and ethical issues relating to the recent Rule promulgated by the U.S. Department of Health and Human Services on “Coverage of Preventive Services Under the Patient Protection and Affordable Care Act.” The resources linked below were prepared as background for the topics discussed at the conference. The conference consisted of three panels, which can be viewed below.
Symposium Video Resources
- Panel 1: The Legal Challenges to the HHS Contraception Rule
- Panel 2: What is the Burden on Religious Exercise?
- Panel 3: A Broader Focus
The U.S. Department of Health and Human Services (HHS) Rule for Coverage of Preventive Services Under the Patient Protection and Affordable Care Act and Related Documents
- Institute of Medicine of the National Academies, Clinical Preventive Services for Women: Closing the Gaps (July 2011)
- The Interim Final Rule (published August 3, 2011)
- Center for Reproductive Rights Comments to HHS on Interim Final Rule (September 11, 2011)
- Center for Reproductive Rights Supplemental Comments to HHS on Interim Final Rule (December 1, 2011)
- HHS Press Release (January 20, 2012)
- The Final Rule: Department of Health & Human Services (and Departments of Labor and Treasury), Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act, 77 Fed. Reg. 8725 (February 15, 2012)
- HHS Health Resources and Services Administration, “Women's Preventive Services: Required Health Plan Coverage Guidelines”
- Advance Notice of Proposed Rulemaking on Preventive Services, 77 Fed. Reg. 16501 (March 21, 2012) [announcing safe harbor and additional, prospective religious accommodation]
- Center for Consumer Information and Insurance Oversight (CCIIO), Centers for Medicare & Medicaid Services (CMS), Guidance on the Temporary Enforcement Safe Harbor for Certain Employers, Group Health Plans and Group Health Insurance Issuers with Respect to the Requirement to Cover Contraceptive Services Without Cost Sharing Under Section 2713 of the Public Health Service Act, Section 715(a)(1) of the Employee Retirement Income Security Act, and Section 9815(a)(1) of the Internal Revenue Code (August 15, 2012) [clarifying operation of “safe harbor” while government crafts its final rule]
- Comments of U.S. Conference of Catholic Bishops to HHS on Proposed Additional Religious Accommodation (May 15, 2012)
- Becket Fund Comments to HHS on Proposed Additional Religious Accommodation (June 15, 2012)
- National Women’s Law Center Comments to HHS on Proposed Additional Religious Accommodation (June 19, 2012)
- Center for Reproductive Rights Comments to HHS on Proposed Additional Religious Accommodation (June 19, 2012)
Legal Challenges
- Religious Freedom Restoration Act, 42 U.S.C. 2000bb, et seq.
- Gonzales v. O Centro Espirita Beneficente UNIAO Do Vegetal, 546 U.S. 418 (2005) [leading Supreme Court case applying the Religious Freedom Restoration Act to federal statute]
- Memorandum and Order Granting Defendant’s Motion to Dismiss, O’Brien v. Department of Health & Human Services, Civil Action No. 4:12-CV-00476-CEJ (E. D. Mo.) (September 28, 2012) [on the merits]
- Government's Memorandum in Support of Its Motion to Dismiss, O'Brien v. HHS, No. 4:12-cv-00476-CEJ (E.D. Mo.) (July 16, 2012) [on the merits]
- Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss, O'Brien v. HHS, No. 4:12-cv-00476-CEJ (E.D. Mo.) (August 6, 2012) [on the merits]
- Government's Reply Memorandum in Support of Its Motion to Dismiss, O'Brien v. HHS, No. 4:12-cv-00476-CEJ (E.D. Mo.) (August 24, 2012) [on the merits]
- Opinion Granting Preliminary Injunction, Newland (Hercules, Inc.) v. Sibelius, Civil Action No. 1:12-cv-1123-JLK (D. Colorado, July 27, 2012) [on the merits]
- Plaintiffs' Motion for Preliminary Injunction and Supporting Memorandum, Hobby Lobby Stores, Inc. v. Sebelius, No. CIV-12-1000-HE (September 12, 2012)
- Opinion Denying Preliminary Injunction, Hobby Lobby Stores, Inc. v. Sebelius, No. CIV-12-1000-HE (November 19, 2012) [on the merits]
- Opinion Granting Preliminary Injunction, Tyndale House Publishers, Inc. v. Sebelius, No. CIV-12-1635 (RBW) (November 16, 2012) [on the merits]
- Opinion Granting Defendants' Motion to Dismiss on Ripeness Grounds, Nebraska v. HHS, No. 4:12CV3035(D. Neb. July 17, 2012) (2004)
- Opinion Granting Defendants' Motion to Dismiss on Ripeness Grounds, Belmont Abbey College v. Sibelius, No. 11-1989 (D.D.C. July 18, 2012) (2004)
- Opinion Granting Defendants' Motion to Dismiss on Ripeness Grounds, Wheaton College v. Sibelius, No. 12-1169 (D.D.C. August 24, 2012) (2004)
- Brief of Amicus Curiae American Civil Liberties Union in Legatus v. Sibelius, No. 2:12-cv-12061 (E.D. Mich. 2012):
- Catholic Charities of Diocese of Albany v. Serio, 859 N.E.2d 459 (N.Y. 2006)
- Catholic Charities of Sacramento, Inc. v. Superior Court, 85 P.3d 67 (Cal. 2004)
- EEOC Decision Finding Reasonable Cause to Believe Exclusion of Prescription Contraceptives From a Health Insurance Plan Is Discrimination on the Basis of Sex in Violation of Title VII of the Civil Rights Act of 1964 (December 14, 2000)
- Becket Fund for Religious Liberty, “HHS Mandate Information Central” [collection of links to various case documents]
Debate and Background
- Press Conference of Students at Catholic Universities (February 9, 2012)
- Hearing of the House Committee on Oversight and Government Reform on HHS Rule (February 16, 2012)
- Berkley Center Panel on "Religious Freedom and Healthcare Reform" with Helen Alvare, Michael Kessler, Martin Lederman, Michael McConnell, Melissa Rogers (March 22, 2012) [event video]
- National Women’s Law Center, “Fact Sheet: Denying Coverage of Contraceptives Harms Women”
- "Unacceptable" [Statement by 500+ academics, religious leaders and health-care professionals in opposition to scope of HHS’s proposed additional religious accommodation] (April 11, 2012)
- Letter to the President from More Than 180 Law Professors in Opposition to Greater Religious Exemptions (August 1, 2012)
- Bishop Anthony Fisher, "Cooperation in Evil: Understanding the Issues"; and M. Cathleen Kaveny, "Tax Lawyers, Prophets and Pilgrims: A Response to Anthony Fisher," in Cooperation, Complicity and Conscience (H. Watt, ed., 2005)
- Vincent Miller, "The HHS Decision" (January 27, 2012)
- Dana Dillon, "HHS Roundtable: Cooperation with Evil" (January 29, 2012)
- Marty Lederman, "A Question from Marty Lederman" (February 10, 2012)
- Sherif Girgis and Robert P. George, "Morals and Mandates" (February 14, 2012)
- Marty Lederman, "A Response to Robby from Marty" (February 14, 2012)
- Robert George, "More on Material Cooperation and the HHS Mandate" (February 14, 2002)
- Patrick J. Deneen, "Religious Liberty?" (February 16, 2012)
- Melissa Rogers, "Honoring Religious Objections and Access to Contraception Coverage" (February 17, 2012)
- Eduardo Peñalver, "George on the Substantial Burden/Material Cooperation Point" (February 14, 2012)
- William Galston and Melissa Rogers, "Health Care Providers' Consciences and Patients' Needs: The Quest for Balance" (February 23, 2012)
- Nathaniel Peters, "Should Christians Be Wary of Conscience Talk?" (March 2, 2012)
- M. Kathleen Caveny, "Catholic Kosher: Is the Ban on Contraception Just an Identity Marker?" (June 1, 2012)
- William Galston, Peter Steinfels, Michael P. Moreland, Mark Silk, Douglas Laycock, and Cathleen Kaveny, "The Bishops and Religious Liberty" (June 15, 2012)
- Robin F. Wilson, "The Calculus of Accommodation: Contraception, Abortion, Same-Sex Marriage, and other Clashes Between Religion and the State" (October 1, 2012)
Roman Catholic Documents Addressing Contraception and Religious Freedom
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