3Center or American Progress | Why Courts Matter: Reproductive Rights
Judge Karen Schreier, a Clinon appoinee, iniially sruck down he law.
Te ull Eighh Circui Cour o Appeals, packed wih conservaives (only 2 o he 11 memberso he cour were appoined by a Democraic presiden),
ound he law o be consiuional. Tecour ben o ideology insead o ollowing preceden, which saes ha only “ruhul and non-mis-leading”
inormaion can be required as par o inormed consen. Te daa on suicide and suicidalideaion refecs he exac opposie o wha he cour permited Souh Dakoa o use o jusiy is law.
In early 2013, here will be a vacancy on he Eighh Circui.
By requiring women o endure unwaned invasive ulrasounds regardless o medical need prior oreceiving an aborion, he exas legislaure has ignored women’s consiuional righs.
Te Fih Circui Cour o Appeals, hrough a hree-judge panel (all Reagan appoinees), upheldhe law,
orcing physicians o perorm invasive procedures wihou regard or medical need orhe paien’s consen.
Tere are currenly wo vacancies on he Fih Circui Cour o Appeals.
Contraceptive coverage cases
Te Aordable Care Ac guaranees ha employers cover women’s prevenive services, includingconracepives, wih no cos sharing by employees. While houses o worship are exemped rom herule and religiously aliaed nonpros are allowed o seek an accommodaion and have he insur-ance company provide he coverage direcly o employees, a number o objecors have neverhelesschallenged he regulaion, claiming ha he required coverage inringes on heir religious libery.
Hercules Indusries is a or-pro, secular corporaion in Colorado ha manuacures and disrib-ues heaing, venilaion, and air condiioning producs and equipmen. One day beore ling a law-sui in he Disric Cour o Colorado challenging he conracepion requiremen, he owners addedwo provisions o he aricles o incorporaion: (1) ha he primary purpose o he corporaion waso ollow “appropriae religious, ehical or moral sandards,” and (2) ha is board o direcors wasallowed o prioriize “religious, ehical or moral sandards” a he expense o proabiliy.
Judge John Kane emporarily suspended enorcemen o he law on he basis ha Hercules willlikely be successul in enjoining he law permanenly.
A nal decision in he plaini’s avor couldse a sweeping preceden allowing privae employers o claim proecion under he ReligiousFreedom Resoraion Ac, enabling hem o use religion as a basis or discriminaing againsemale employees.