UP TO SPEED ON BREAKING NEWS WE
GOT FROM THE SUPREME COURT.
NBC NEWS JUSTICE CORRESPONDENT
PETE WILLIAMS IS IN WASHINGTON,
D.C. FOR US WITH THIS NEW RULING
THAT JUST CAME OUT MOMENTS AGO.
WHAT CAN YOU TELL US?
>> THIS IS A VICTORY FOR THE
TRUMP ADMINISTRATION.
AND EFFORTS TO PROVIDE BROADER
OPT OUTS FOR EMPLOYERS WHO WANT
TO OPT OUT, NOT PROVIDE HEALTH
INSURANCE FOR CONTRACEPTIVE
CARE.
YOU MAY REMEMBER WHEN OBAMACARE
FIRST CAME ALONG, THERE WAS A
CARVE OUT FOR RELIGIOUS
INSTITUTIONS, FOR CHURCHES AND
MOSQUES, AND SYNAGOGUES, AND
THEN THAT WAS EXPANDED A LITTLE
BIT TO BE -- TO ALY TOPLI APPLY RELIGIOUSLY AFFILIATED
RELIGIOUSLY AFFILIATED
ORGANIZATIONS.
AND TODAY THE SUPREME COURT HAS
REJECTED CHALLENGES, SO NOW THE
DEPARTMENT OF HEALTH AND HUMAN
SERVICES CAN BEGIN TO ENFORCE
THESE NEW REGULATIONS THAT
WOMEN’S GROUPS SAY WOULD DEPRIVE
ABOUT 126,000 WOMEN NATIONWIDE
FROM BEING ABLE TO GET
CONTRACEPTIVE CARE AT NO CHARGE
TO THEM.
SO IT MEANS THOSE WOMEN WILL
HAVE TO TRY TO GO OUT AND GET
HEALTH COVERAGE FOR THEMSELVES
TO COVER THOSE SERVICES.
WOMEN’S GROUPS SAID THIS WAS
IMPORTANT THAT NINE OUT OF EVERY
TEN AMERICAN WOMEN AT SOME POINT
IN THEIR LIVES WILL HAVE A
REQUIRE SOME KIND OF
CONTRACEPTIVE CARE, SO THIS WAS
SOMETHING THAT WAS CONSIDERED TO
BE A VERY IMPORTANT PART OF
OBAMACARE.
THIS IS JUST ONE LITTLE TINY
CHALLENGE TO THE PROVISIONS OF
OBAMACARE THAT PROVIDE ONLY
THE -- ONLY THE QUESTION OF
CONTRACEPTIVE CARE.
NEXT TERM THE SUPREME COURT WILL
DECIDE A STRAIGHT UP CHALLENGE
TO THE ENTIRE AFFORDABLE CARE
ACT.
OBAMACARE.
THIS ONE IS JUST ABOUT
CONTRACEPTIVE COVERAGE, IT IS A
VICTORY FOR THE TRUMP
ADMINISTRATION’S EFFORTS TO
BROADEN OUT THE NUMBER OF
EMPLOYERS WHO NOW CAN OPT OUT,
WHO CAN SAY, I DON’T WANT TO
PROVIDE THAT COVERAGE BECAUSE IT
VIOLATES MY RELIGIOUS BELIEFS OR
MY MORAL BELIEFS OR I HAVE SOME
KIND OF CONSCIENTIOUS OBJECTION
TO PROVIDING THAT COVERAGE.
>> REALLY QUICKLY, I KNOW THAT
MAYBE THE DECISION WAS JUST
POSTED, BUT DO WE HAVE A SENSE
OF HOW THE VOTE PLAYED OUT?
WAS IT A 5-4 VOTE?
>> NO, 7-2.
THE TWO DISSENTERS ARE -- LET’S
SEE, JUSTICES GINSBURG AND
SOTOMAYOR.
AND THERE WAS A FEW MINUTES AGO
ANOTHER CASE INVOLVING RELIGIOUS
FREEDOM WITH THE SAME VOTE
BREAKDOWN.
IN THAT CASE, THE SUPREME COURT
SAID THAT RELIGIOUS SCHOOLS WHO
EMPLOY TEACHERS ARE EXEMPT FROM
THE NORMAL RULES, THE NORMAL
CIVIL PROTECTIONS, THE LAWS THAT
PROTECT EMPLOYEES FROM JOB
DISCRIMINATION, THAT THOSE RULES
DON’T APPLY TO TEACHERS IN
RELIGIOUS SCHOOLS.
NOW, THE COURT RULED A COUPLE OF
YEARS AGO THAT IF TEACHERS IN
ESSENCE PROVIDE A MINISTERIAL
MISSION, THAT IS TO SAY THEY’RE
PASSING ALONG THE FAITH TO THEIR
STUDENTS, THEN THAT EXCEPTION
APPLIES, THIS BROADENS IT OUT
JUST A LITTLE BIT TO SAY THAT
EVEN IF THEY DON’T STRICTLY
TEACH JUST RELIGIOUS DOGMA,
THEY’RE ALSO COVERED BY THE SAME
EXCEPTION, THEY CANNOT SUE FOR
DISCRIMINATION.
THIS INVOLVED TWO TEACHERS AT
CATHOLIC SCHOOLS IN CALIFORNIA,
ONE WAS FIRED AFTER SHE
DEVELOPED BREAST CANCER, THE
OTHER WAS FIRED AND CLAIMED SHE
WAS FIRED BECAUSE SHE WAS TOO
OLD.
THEIR SUITS WERE TOSSED OUT AND
TODAY THE SUPREME COURT SAID
THEY HAD NO RIGHT TO BRING THOSE
LAWSUITS, THAT THE SCHOOLS CAN’T
BE SUED BECAUSE OF THIS
RELIGIOUS EXEMPTION.
SO THOSE ARE THE ONLY TWO
DECISIONS TODAY, WE’RE STILL
WAITING FOR THE BIG RULING ON