The American Civil Liberties Union has earned a sterling reputation for its principled and nonpartisan defense of fundamental individual rights. But the group is now tarnishing that proud legacy.
On Thursday the 4th Circuit heard arguments in Liberty Inc. v. Lew – a case that pits a basic constitutional right against a bureaucratically mandated privilege for certain select employees. The case challenges the contraception mandate in the Affordable Care Act. That mandate requires large employers who opt to provide insurance to include coverage of contraception. The mandate is not written into the statute, which stipulates only that insurance policies must include preventive services. The Department of Health and Human Services has decreed those services include contraception.