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TX Court Throws Out Prescription Requirement of ACA

Webster

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(The Guardian) A federal judge in Texas ruled today that employers can refuse to cover HIV infection prevention drugs if they claim that it violates their religious beliefs. (Guardian correspondent) Maya Yang reports: US district judge Reed O’Connor on Wednesday ruled in favor of Braidwood Management, a Christian-owned company based in Texas, saying it was not required to cover the cost of Truvada and Descovy, two pre-exposure prophylactic drugs also known as PrEP.

The drugs, which are taken every day by hundreds of thousands of Americans, are used to prevent HIV transmission and are made available through company health insurance via provisions for preventive healthcare in the Affordable Care Act (ACA).

A lawsuit filed by the conservative former Texas solicitor general Jonathan Mitchell on behalf of Braidwood Management against the US Department of Health and Human Services argued that the ACA provision “violated [the plaintiffs’] religious beliefs by making them complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and woman”, in the words of the judge.

Mitchell is also known for designing Texas’s highly restrictive abortion law.

O’Connor ruled in favor of the company. “Defendants outline a generalized policy to combat the spread of HIV, but they provide no evidence connecting that policy to employers such as Braidwood, nor do they provide evidence distinguishing potential religious exemptions from existing secular exemptions,” O’Connor said in his ruling.
 
While this is extremely discouraging, I am not surprised at the ruling. There has been precedent for conservative judges to rule in this way for quite some time in the US now. Off the top of my head I recall the Hobby Lobby being the first that pulled this shit. It is yet more proof that the medical system in USA is broken. Even simply putting a public option in there wouldn't fix it as there are so many underlying issues to deal with. Health care should never be run as a for profit industry.
 
There has been precedent for conservative judges to rule in this way for quite some time in the US now.
Welcome to the sick world of judge shopping; the Right has it down to a science.
 
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