D.C. Circuit Upholds FACE Violation Decision but Limits Injunction
The D.C. Circuit Court of Appeals affirmed a lower court’s decision that the defendants in USA v. ALAW (Pat Mahoney) violated the Freedom of Access to Clinic Entrances Act (FACE). In 1998, the defendants sat within five feet of one of the doors of the Capitol Women’s Center in Washington D.C., forcing patients to enter through a back door. The Court found that the defendants’ actions obstructed and blocked access to the clinic.
The Court of Appeals also found that the injunction created by the lower court to protect the clinics in the Washington area from these defendants was too broad. The case was remanded to the lower court so that the injunction can be narrowed.
Media Resources: USA v. ALAW (Pat Mahoney), Kaiser Family Foundation – May 2, 2001; Washington Post – May 2, 2001
11/20/2014 Federal Appeals Court Rejects Priests for Life Challenge to Birth Control Coverage Rule - In a victory for women's health, a unanimous panel of the US Court of Appeals for the DC Circuit on Friday rejected a challenge to the Affordable Care Act (ACA) contraceptive coverage benefit brought by Priests for Life, the Roman Catholic Archbishop of Washington and other religiously affiliated non-profit organizations.
Judge Nina Pillard, a former law professor who was nominated to the DC Circuit by President Obama and confirmed by the Senate in December, wrote the opinion for the Court, which found that the ACA birth control benefit did not substantially burden or violate non-profits' religious freedom.
Under the Affordable Care Act, health insurance companies must cover the full cost of all FDA-approved contraceptives - including the pill, IUDs, and emergency contraception - without requiring co-pays or cost-sharing. . . .