The Case for Contraceptives: The Legislative History of the ACA’s Birth Control Mandate

This paper seeks to outline the legislative and judicial history of the Affordable Care Act’s contraception coverage mandate. It begins by explaining the justifications and specifications of the provision. It then highlights the three phases of litigation that have surrounded the mandate: closely held, for-profit companies; religious nonprofit organizations; and state attorney generals. This paper provides context for the litigation by describing the opposing stances towards the mandate of the Obama and Trump Administrations and the different modifications to the provision made under each administration. In the wake of last week’s finalization of the controversial rules the Trump Administration issued, this paper dissects lingering judicial questions about the mandate that are sure to resurface in coming litigation. Finally, I conclude with an urge for the reader to consider if women’s health is being granted the status it deserves