Circumventing the Affordable Care Act Contraceptive Mandate

Abstract

The purpose of this Comment is to illustrate how states are attempting to circumvent the ACA contraceptive mandate through state law; and moreover, if successful, how these laws will likely be deemed unconstitutional due to preemption issues. Further, despite the ACA contraceptive mandate coming under intense scrutiny by religious conservatives and federalists, as a public policy matter, states should cease attempts to legislate around the mandate. Part II of this Comment offers a background on the particulars of the ACA, the contraceptive mandate and its exemptions, and ends with a look at the criticism and state action opposing the mandate. Part III of this Comment analyzes the specific states that are attempting to pass bills that circumvent the mandate and then explores federalist arguments supporting state action. Part III concludes with the notion that these state bills will likely be preempted if passed into law, and further, that as a public policy matter, states should cease opposition of the ACA contraceptive mandate.