Lexology December 4, 2024
McDermott Will & Emery

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Conscience protections allow providers to opt out of delivering certain medical services to patients for moral or religious reasons. These protections have been a political football each time the White House has changed hands in recent years, and the same will likely be true in 2025.

Thanks to a June 13, 2024, US Supreme Court ruling, however, a new and important variable will be in the mix this time. In Food and Drug Administration v. Alliance for Hippocratic Medicine, the Supreme Court articulated a much more absolute view of the conscience protections that federal law affords to providers to refuse to participate in the provision of certain healthcare services for personal conscience reasons than...

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