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Department of Health and Human Services (HHS) Friday morning announced two rules “protecting the conscience rights of all Americans.” HHS outlined details of the rules in the press release but did not link to the text; a soon-to-be-published 163-page version of a religious exemption and a 100-page version of a moral exemption are available via the Federal Register.The administration claims the new rules are limited in scope and would not affect most employees and others who rely on the benefit, though the language of the rules does not clarify where the administration is getting data to support that claim.claim like the one Hobby Lobby brought challenging the benefit, the government must show that its regulatory action is serving a “compelling interest” and that there are no “less restrictive means” of serving that interest.The birth control benefit includes an accommodation process for religiously affiliated nonprofits to assert a religious objection to the requirement so as to be exempted from complying with it.Matt Bowman, former senior legal counsel for the Alliance Defending Freedom and a senior legal adviser at HHS, served as a “principal author” of the rules out today, according to the preview.HHS remains stacked with even more officials who tout failed abstinence-only education and distort or deny the scientifically proven efficacy of birth control.The benefit applies to “contraceptive methods and counseling,” meaning that you may now have to cover the cost of a doctor’s appointment to weigh the choice between methods.The logic underpinning the Trump administration’s new rules relies, in part, on blatant slut shaming.

Prior to his resignation, Price had instructed HHS to set its sights on both the birth control benefit and other parts of Obamacare that offer legal protections for LGBTQ people.The presumption is important for a couple of reasons, most importantly because it left the door open for conservatives to further attack the benefit entirely.The rules announced Friday could be how they try to do so.That’s where federal regulations enforcing Obamacare by defining the women’s preventive services guidelines come in. Department of the Treasury in May leaked a draft interim final rule that also would have assumed the force of law right away rather than at the end of the notice-and-comment period typical under the federal rule-making process.The nine services, from contraception without co-pay to breastfeeding services and supplies, cervical cancer screenings, and more, live within the Health Resources and Services Administration, a subagency of HHS. The rules issued today take the form of an interim final rule.

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