(Decided November 1, 2013)
As stated by Judge Brown in the majority decision:
Equally unconvincing is the government’s assertion that the mandate averts “negative health consequences for both the woman and the developing fetus.” From the outset, we note the science is debatable and may actually undermine the government’s cause. For the potential mother, as one amicus notes, the World Health Organization classifies certain oral contraceptives as carcinogens, marked by an increased risk for breast, cervical, and liver cancer by the Breast Cancer Prevention Institute, at pages 8–10.
See page 27 of the Full Decision