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Judge Rules California's Gig Worker Law Is Unconstitutional

"Friday's ruling stems from a lawsuit filed by three drivers and labor union Service Employees International Union who argued the law was unconstitutional because it limited the state Legislature's ability to make gig workers eligible for the state's workers' compensation program." [Castellanos v. State of California, No. RG21088725 (Cal. Sup. Ct. Alameda Cty. Aug. 20, 2021)]

Ninth Circuit: Church Does Not Have Standing to Challenge Washington State Mandate of Abortion Coverage

"The church argues that an employer who purchases a no-abortion health plan still 'indirectly facilitates' abortion access. But [the Ninth Circuit] rejected that argument as well, writing: 'The general disapproval of the actions that others might decide to take does not create standing, even when some tenuous connection may exist between the disapproving plaintiff and the offense-causing action.' " [Cedar Park Assembly of God of Kirkland, Washington v. Kreidler, No. 23-35560 (9th Cir. Mar. 6, 2025)]

Sixth Circuit Finds No 'Complicity in Sin' in Contraceptive Mandate

"Catholic nonprofit organizations have no standing to challenge the constitutionality of Obamacare's contraceptive mandate, because they are eligible for the Affordable Care Act's religious exemption or accommodation, a 6th Circuit panel ruled. The panel upheld rulings from the Western District Court of Michigan and the Middle District Court of Tennessee.... The panel ... rejected the plaintiffs' argument that even though they may be eligible for the exemption, they are still required to pay for or provide contraceptive services and are therefore 'complicit in sin.'" [Michigan Catholic Conference and Catholic Family Services d/b/a Catholic Charities Diocese of Kalamazoo, et al. v. Burwell, Nos. 13-2723/6640 (6th Cir. June 11, 2014)]

District Court in Texas Grants Permanent Injunction to Prohibit Enforcement of Contraceptive Mandate for Catholic Charities and Diocese of Beaumont

"The U.S. government cannot carry out a mandate that would force the Catholic Diocese of Beaumont and its charity to offer its employees contraceptives, a federal judge ruled.... The order, which [U.S. District Judge Ron] Clark made permanent [on January 3, 2014], blocks the government from enforcing a provision of the Patient Protection and Affordable Care Act that requires employers to include contraceptive services in their workers' health plans." [Catholic Diocese of Beaumont and Catholic Charities of Texas v. Sebelius et al., No. 1:13-cv-709 (E.D. Tex. Jan. 3, 2014)]

Supreme Court Lifts Time Bar on Challenges to Federal Actions

"In essence, any new business can challenge federal rules regardless of how long the rules have been on the books.... After overruling a landmark precedent on government authority, the Supreme Court ruled Monday to expand the time frame businesses have to challenge federal government actions." [Corner Post v. Bd. of Gov. of the Federal Reserve System, No. 22-1008 (S. Ct. Jul. 1, 2024)]

New York Top Court Upholds Abortion Insurance Coverage Requirement

"The New York Court of Appeals ruled ... that an administrative rule requiring employer-provided insurance plans to cover medically necessary abortions is not unconstitutional, rejecting a challenge by a number of religious groups who said an exemption carved out for religious employers was too narrow." [Roman Catholic Diocese of Albany v. Vullo, No. 45 (Ct. App. N.Y. May 21, 2024)]

Administration Proposes Rules to Promote Mental Health Coverage

"Congress updated the legislation in 2020 to require companies to conduct analyses of their plans to ensure that access to mental health and substance abuse treatments are not more restrictive than other benefits. [The] proposal, which still requires a public comment period, would direct insurers to also evaluate the outcomes of their coverage rules.... [T]he evaluation would examine a provider's network, payment for out-of-network providers and how often prior authorization is required and its rate of denial. Such analysis ... will show where plans are failing to meet legal requirements and thus must improve their plans."

California Health Giant Faces Strike from Mental Healthcare Workers Demanding Funding, Staffing Investments

"About 2,000 Kaiser Permanente Northern California mental health workers announced on Wednesday plans to start an open-ended strike on Aug. 15. The workers' union representatives cited high clinician workloads, with patients waiting weeks or even months for mental health care."

Northwestern University Set for Second Act in Retirement Plan Fracas

"Northwestern University employees who lost their challenge against retirement plan fees persuaded the Supreme Court ... to grant them another round of litigation. At just six pages in length, the decision is short, finding that the Seventh Circuit put too high a value on the fact that retirement plan participants had choice over their investments." [Hughes v. Northwestern Univ., No. 19-1401 (S. Ct. Jan. 24, 2022)]

ACA Looks Primed to Survive Latest Turn at High Court

"Whether the provision itself will survive was unclear [at oral argument], but at least five members of the court appeared inclined to leave the bulk of the law intact while likely employing the legal doctrine known as severability. 'It does seem fairly clear the proper remedy would be to sever the mandate provision and leave the rest of the law in place,' Justice Brett Kavanaugh said[.]" [California v. Texas, No. 19-840; Texas v. California, No. 19-1019 (cert. pet. granted Mar. 2, 2020; oral arg. Nov. 10, 2020)]