One Executive Action Deserves Another, Mr. President

Obamacare is an unconstitutional, coercive, anti-life, and fiscally disastrous piece of legislation that has harmed millions of Americans by driving up their insurance premiums and deductibles. New Yorkers for Constitutional Freedoms continues to support the repeal and replacement of Obamacare. Unfortunately, recent events in Washington, D.C. have made it clear that the repeal and replacement of Obamacare will not happen this year. Given that reality, NYCF calls on the Trump Administration to fulfill its promise to rescind the Obamacare insurance mandate.

The Obamacare insurance mandate (also known as the birth control mandate) requires employee health insurance coverage to include all FDA-approved contraceptives without co-pays. (In 2014, the Supreme Court held that Hobby Lobby was not required to comply with the mandate due to its sincerely-held religious beliefs.) Significantly, the mandate requires coverage of abortifacient drugs and devices that prevent the implantation of a fertilized egg. While the insurance mandate contains an exemption for religious employers, that exemption does not include religiously-affiliated nonprofits; instead, such nonprofits are provided an accommodation under which they may “opt out” of providing such coverage. When a religiously-affiliated organization notifies the government that it is opting out of providing contraceptive coverage, the insurance company steps in to provide that coverage at the federal government’s expense. Pro-life organizations (like the Little Sisters of the Poor) have challenged this “opt-out” provision as being insufficiently protective of their sincerely-held beliefs regarding the sanctity of human life.

Because the Obamacare insurance mandate was imposed via executive action, it can be rescinded via executive action. President Trump, please rescind the Obamacare insurance mandate. The time is now.