California fight on Trump birth control rules goes to court

Litigation Reports

A U.S. judge will hear arguments Friday over California's attempt to block new rules by the Trump administration that would allow more employers to opt out of providing no-cost birth control to women.

Judge Haywood Gilliam previously blocked an interim version of those rules — a decision that was upheld in December by an appeals court. But the case is before him again after the administration finalized the measures in November, prompting a renewed legal challenge by California and other states.

Gilliam was not expected to rule immediately. At issue is a requirement under President Barack Obama's health care law that birth control services be covered at no additional cost. Obama officials included exemptions for religious organizations.

The new rules set to go into effect on Monday would allow more categories of employers, including publicly traded companies, to back out of the requirement by claiming religious objections. They would also allow small businesses and other employers to object on moral grounds.

The rules "protect a narrow class of sincere religious and moral objectors from being forced to facilitate practices that conflict with their beliefs," the U.S. Department of Justice said in court documents.

The states argue that millions of women could lose free birth control services, forcing them to seek contraceptive care through state-run programs and leading to unintended pregnancies.

Attorneys for California and the other states said in court documents the new rules were very similar to the interim measures. One difference is a suggestion in the new rules that women can seek contraceptive coverage through federal family planning clinics for low-income people, according to the states.

Related listings

  • North Carolina Supreme Court throws 200th anniversary party

    North Carolina Supreme Court throws 200th anniversary party

    Litigation Reports 01/07/2019

    North Carolina's highest court is holding a "legal party" to observe the anniversary of its first meeting 200 years ago this month.The state Supreme Court scheduled a special session Monday in its downtown Raleigh courtroom to celebrate the court's b...

  • Prominent Chinese rights lawyer tried in closed proceedings

    Prominent Chinese rights lawyer tried in closed proceedings

    Litigation Reports 12/26/2018

    The trial of a prominent human rights lawyer began in northern China on Wednesday with about two dozen plainclothes officers stationed outside a courthouse and at least one supporter taken away by police.Reporters, foreign diplomats and supporters we...

  • Human rights court rules against Greece in Sharia law case

    Human rights court rules against Greece in Sharia law case

    Litigation Reports 12/19/2018

    Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.The court, based in the eastern French city...

USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.