WEBVTT - Bloomberg Law Brief: Changes to Birth Control Coverage (Audio)

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<v Speaker 1>Well, now it's time for our daily Bloomberg Law Brief,

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<v Speaker 1>exploring legal issues in the news, and it's brought to

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<v Speaker 1>you by American Arbitration Association, International Trade or Business Dispute

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<v Speaker 1>Resolve Faster with the International Center for Dispute Resolution, the

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<v Speaker 1>leader in alternative dispute resolution around the world, i c

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<v Speaker 1>d R dot org. Bloomberg Lahos studing Grasso and Michael

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<v Speaker 1>Best discuss how the Trump administrations move to let employers

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<v Speaker 1>opt out of providing health insurance that covers birth control.

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<v Speaker 1>They speak with Ash McGovern and Legislative and Policy director

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<v Speaker 1>at the Center for Gender and Sexuality Law at Columbia

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<v Speaker 1>Law School, and Michael sell Me, professor at George Washington

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<v Speaker 1>University Law School. The Trump administration has been issuing orders

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<v Speaker 1>to try to provide more accommodations for religious people and

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<v Speaker 1>the religious beliefs. What exactly did Attorney General Sessions do

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<v Speaker 1>here and how broad is it? Well, the the initiatives

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<v Speaker 1>that were announced on Friday are very broad. Uh. The

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<v Speaker 1>one that's gotten the most attention is obviously the contraception

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<v Speaker 1>mandate and the expansion of the current exemptions under the

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<v Speaker 1>Affordable Care Act. What the Trump administration is doing, and

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<v Speaker 1>this is likely to spill over into many other areas

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<v Speaker 1>as well, But which respect of this particular issue. They

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<v Speaker 1>are allowing any corporate entity, any employer, to claim a

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<v Speaker 1>religious exemption under the Affordable Care Acts so that they

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<v Speaker 1>do not have to provide contraception as part of their

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<v Speaker 1>insurance plan. Currently, under the current law, religious entities, you know, churches,

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<v Speaker 1>are exempt, and then nonprofit organizations and closely held corporations

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<v Speaker 1>also have a workaround in that they do not have

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<v Speaker 1>to provide the contraception directly, but instead they would have

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<v Speaker 1>to provide it through insurance companies. That work around would

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<v Speaker 1>now be optional under the current plan under the Trump administration,

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<v Speaker 1>proposal West not a proposal wanted to affect immediately, but

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<v Speaker 1>they are taking comments now. It's an interim final rule

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<v Speaker 1>and the exemption would be available to any other employer

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<v Speaker 1>who was covered by the mandate. ASH. Let's talk about

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<v Speaker 1>the federal government not prosecuting religious organizations for discrimination and

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<v Speaker 1>the hiring and firing of employees, and does that extend

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<v Speaker 1>now to private businesses? Sure? So, on Friday there was

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<v Speaker 1>both a contraceptive roles and then there was a second

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<v Speaker 1>memo that came out from the Department of Justice, which

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<v Speaker 1>essentially issued twelve Principles of Federal Religious Freedom and Religious

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<v Speaker 1>Liberty that all federal agents now must follow. I'm considering

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<v Speaker 1>any program, rule or guidance, and what the Department of

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<v Speaker 1>Justice is really trying to do and the Trump administration

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<v Speaker 1>has been trying to do, is to train enforcements of

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<v Speaker 1>non discrimination and civil rights protection as discrimination against religious

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<v Speaker 1>rights and groups. And what's both concerning about this guidance

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<v Speaker 1>is the fact that it's trying to give religious liberty

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<v Speaker 1>supremacy over other co equal fundamental rights. It's creating a

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<v Speaker 1>more dangerous situations for already vulnerable communities like women, people

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<v Speaker 1>of color, and LGBT communities, while elevating and sort of

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<v Speaker 1>tipping the sum on the scale towards religious liberty at

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<v Speaker 1>the extent of other important fundamental rights in my constitution.

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<v Speaker 1>That's Ash McGovern and Legislative and Policy director at the

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<v Speaker 1>Center for Gender and Sexuality Law at Columbia Law School,

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<v Speaker 1>and Michael sell Me, professor of law at George Washington

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<v Speaker 1>University Law School, speaking with Bloomberg, Laho Studing Grosso and

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<v Speaker 1>Michael Best. You can listen to Bloomberg Law weekdays at

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<v Speaker 1>one pm Wall Street time here on Bloomberg Radio