Ninth Circuit

“A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has revived a California church’s lawsuit against a state law mandating insurance coverage for abortion. Skyline Wesleyan Church of La Mesa sued the California Department of Managed Health Care over letters from 2014 stating that insurance companies could not limit abortion coverage. … The [Ninth Circuit] panel vacated the earlier district court ruling in a unanimous decision released Wednesday, sending the case back to the lower court for further proceedings. Circuit Judge Michelle Friedland authored the panel’s opinion, concluding that ‘Skyline has suffered an injury in fact. Before the Letters were sent, Skyline had insurance that excluded abortion coverage in a way that was consistent with its religious beliefs,’ Friedland wrote. ‘After the Letters were sent, Skyline did not have that coverage, and it has presented evidence that its new coverage violated its religious beliefs. There is nothing hypothetical about the situation.’ The Alliance Defending Freedom, a conservative law firm that represented the church before the Ninth Circuit, celebrated the panel’s decision. ‘The agency has unconstitutionally targeted religious organizations, repeatedly collaborated with pro-abortion advocates, and failed to follow the appropriate administrative procedures to implement its abortion-coverage requirement,’ said ADF Senior Counsel Jeremiah Galus.”

“Ninth Circuit,” Christian Post, May 15, 2020