Update: After this blog was published, the Trump-Pence administration finalized its earlier interim final rules. These final rules are just as unlawful and unconstitutional as the interim rules were, and NWLC and its partners are challenging them in court.
You may have heard that we’re suing the Trump-Pence administration and the University of Notre Dame over their attacks on birth control, but you might not know the exact legal reasons why. Our gif(t) to you: everything they’re doing wrong, in gifs.
Remember that whole separation of church and state thing? Yeah, us too. But looks like Trump forgot: by promoting religious beliefs that object to birth control over those that don’t, his administration is violating the separation of church and state.
And you know how it’s 2018, so it’s illegal to discriminate against women (thanks, Equal Protection Clause!)? Trump’s rules only targeted coverage of women’s critical preventive services—aka birth control—while leaving men’s health care untouched. That’s illegal.
Then there’s the whole Fifth Amendment “No person shall…be deprived of life, liberty, or property, without due process of law” situation. That fundamental right to liberty? Yeah, it includes the right to make decisions about your body, including the decision to use birth control.
And finally, there’s this rule to govern how you make rules because of course there is. And it turns out, Trump violated nearly every one of those rules…on how to make a rule.
That’s why we’re going to court. Because these attacks on our birth control coverage aren’t just wrong, they’re illegal.