Did President Trump just eliminate the contraceptive mandate on the first day?

Readers of this blog know that I have written extensively about Obamacare’s controversial contraceptive mandate. In fact, the most viral post I have ever written on this site was about this issue. The mandate has been controversial because it forces employers to provide coverage for contraceptives and abortifacients–even if those employers object to buying such coverage on religious grounds. The Christian owners of Hobby Lobby fought this all the way to the Supreme Court and won. But the problematic mandate still stands, and other cases are pending. 

President Trump signed an executive order that effectively overturns the contraceptive mandate. The order authorizes the HHS Secretary to eliminate administrative rules related to Obamacare. If I’m reading this correctly, that would allow the new secretary to get rid of the mandate. Here’s section two of the order:

To the maximum extent permitted by law, the Secretary of Health and Human Services (Secretary) and the heads of all other executive departments and agencies (agencies) with authorities and responsibilities under the Act shall exercise all authority and discretion available to them to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State or a cost, fee, tax, penalty, or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of healthcare services, purchasers of health insurance, or makers of medical devices, products, or medications.

I’m not a lawyer, so we’ll see how this pans out. And you can be sure I’ll be following this one closely.

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