Fox News host Shannon Bream misled about new regulations from the Department of Health and Human Services (HHS) that allow both non-profit and for-profit entities to opt-out of health insurance coverage for contraception, while pretending this new accommodation was contrary to the Supreme Court's recent orders on the "contraception mandate" of the Affordable Care Act (ACA).
On August 22, HHS announced a new set of rules aimed at accommodating non-profits and business owners who object on religious grounds to providing comprehensive health insurance to their employees. The new regulations are designed to comply with the Supreme Court's ruling in Burwell v. Hobby Lobby, which held that certain "closely-held" for-profit corporations can be exempted from the requirement that contraception be covered in their employer-sponsored plans. This exemption now aligns the treatment of these businesses with that of religiously-affiliated non-profits, an accommodation the conservative Justices of the Court explicitly directed HHS to consider.
But on the August 25 edition of Fox News' Real Story, host Shannon Bream ignored the fact that the new rules were based on instructions from the Supreme Court.
Bream claimed that "a lot of people are saying" that HHS's rule change "was just a sleight of hand" that "doesn't really change anything." The Fox host went on to argue that these new regulations were contrary to the ruling in Hobby Lobby because "the Supreme Court said simply they don't have to comply with the mandate, now they'd have to fill out paperwork to comply with the mandate":
Bream's pretense that the HHS regulations do not track the Supreme Court's recent rulings is wrong. In his majority opinion for the conservative justices in Hobby Lobby, Justice Samuel Alito wrote that there was "no reason" why HHS couldn't offer an accommodation of this sort to both non-profit and for-profit entities alike, and that such a process for this exemption to the contraceptive mandate "constitutes an alternative that achieves all of the Government's aims while providing greater respect for religious liberty."
Moreover, the new regulations also address the additional issue raised by the conservative justices in an interim order issued after Hobby Lobby in Wheaton College v. Burwell, a case where a Christian university successfully claimed that even signing the form that notified its insurance issuer of its objection to birth control coverage was also an impermissible burden on religious freedom. To deal with that objection, HHS' new rules -- in an attempt to meet the instructions of the Court in both Hobby Lobby and Wheaton -- now create an accommodation to its accommodation and will allow "institutions ... to tell the federal government which company administers their health-insurance plan, and the government would then contact that administrator to ask it to arrange contraception coverage for the institution's employees."
HHS has now done what the conservative justices twice told it to do, a fact Fox News forgets as it complains that in accommodating objections to female employees' access to contraception, HHS still hasn't done enough.