Justices wary of ‘Obamacare’ birth control coverage changes
Trial Coverage
The Supreme Court seemed concerned Wednesday about the sweep of Trump administration rules that would allow more employers who cite a religious or moral objection to opt out of providing no-cost birth control to women as required by the Affordable Care Act.
The justices were hearing their third day of arguments conducted by telephone because of the coronavirus pandemic. The first of two cases before them Wednesday stemmed from the Obama-era health law, under which most employers must cover birth control as a preventive service, at no charge to women, in their insurance plans.
The Supreme Court’s four liberal justices suggested they were troubled by the changes, which the government has estimated would cause about 70,000 women, and at most 126,000 women, to lose contraception coverage in one year.
Chief Justice John Roberts, a key vote on a court split between conservatives and liberals, suggested that the Trump administration’s reliance on a federal religious freedom law to expand the exemption was “too broad.”
And Justice Ruth Bader Ginsburg, who joined the conversation from a Maryland hospital where she was being treated for an infection caused by a gallstone, gave the government’s top Supreme Court lawyer, Solicitor General Noel Franciso, what sounded like a lecture.
“You have just tossed entirely to the wind what Congress thought was essential, that is that women be provided these .... services with no hassle, no cost to them,” said Ginsburg, who was released from the hospital later Wednesday.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.