On the eve of Supreme Court oral arguments over the Affordable Care Act (ACA) requirement that businesses offer insurance plans that include contraception coverage as part of their preventive services, Fox News judicial analyst Andrew Napolitano falsely claimed that abortion and euthanasia are part of this coverage.
On the March 24 edition of The Kelly File, Napolitano said of the case (emphasis added):
NAPOLITANO: As everybody knows, the Affordable Care Act requires anybody that employs 50 or more people to provide health care for them that includes contraceptive services. Contraceptive services means contraception, euthanasia, and abortion.
Napolitano is completely wrong. As the Kaiser Family Foundation explains, the preventive coverage includes "FDA approved contraceptives," and "abortion coverage is specifically banned from being required as part of the essential benefits package." The only drug approved by the FDA to induce abortion is not included in this coverage. Further, medical providers and insurance companies are legally protected under the Affordable Care Act if they choose not to provide euthanasia or assisted suicide services to patients.
The issues of abortion and euthanasia are not relevant to the cases currently before the Supreme Court. The cases -- two separate lawsuits involving Conestoga Wood Products and the craft-store chain Hobby Lobby -- focus on the question of whether corporations have the same religious protections as individuals. The companies have claimed they cannot be forced to provide health coverage for contraceptives as mandated by the ACA.
Watch the segment below: