Judge blocks Missouri insurance law on birth control

[WestVirginiaRebel]

Fox News:

JEFFERSON CITY, Mo. – A federal judge on Friday blocked a new Missouri law that requires insurers to exclude birth control coverage for moral objectors, ruling that it conflicts with an insurance mandate under President Barack Obama's health care law.

The temporary restraining order halts the Missouri law just three months after the Republican-led Legislature enacted it by overriding Democratic Gov. Jay Nixon's veto.

The state law requires insurers to issue policies without contraception coverage if it runs contrary to the religious or moral beliefs of an individual or employer. The law appeared to be the first in the nation to directly rebut an Obama administration policy that requires insurers to cover birth control at no additional cost to women.

U.S. District Judge Audry Fleissig wrote in her order that there "appears to be an irreconcilable conflict" between the state and federal laws that puts insurance companies in an awkward position. If they were to comply with Missouri's law, insurers could be subject to federal penalties for not abiding by the contraception mandate. Yet insurers also could face financial penalties from the state insurance department for failing to follow the Missouri law.

"Insurers are placed in an untenable position as they cannot comply with both statues at the same time," Fleissig wrote, noting that the U.S. Constitution gives preference to federal laws over state laws.

State Sen. John Lamping, a Republican from suburban St. Louis who sponsored the law, said he was neither surprised nor discouraged by the court ruling.

"That's the logical thing that I thought would ultimately occur post-election," when Obama defeated Republican presidential challenger Mitt Romney, he said. "Clearly, this is an issue at the federal level that remains unresolved."

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Judicial activism?

[SrWoodchuck]

She does have impressive credentials.

 

Per Wiki:

 

In February 2009, Fleissig submitted her resume for a federal district court vacancy in St. Louis to U.S. Sen. Claire McCaskill. In August 2009, McCaskill personally interviewed Fleissig. After interviews with representatives of the United States Department of Justice and the White House, Fleissig was nominated on January 20, 2010 to the position by President Obama

[Draggingtree]

She does have impressive credentials.

 

Per Wiki:

 

In February 2009, Fleissig submitted her resume for a federal district court vacancy in St. Louis to U.S. Sen. Claire McCaskill. In August 2009, McCaskill personally interviewed Fleissig. After interviews with representatives of the United States Department of Justice and the White House, Fleissig was nominated on January 20, 2010 to the position by President Obama