Clarify that federal benefits law does not block state abortion restrictions
What the document says“Congress and DOL should clarify that ERISA does not preempt states’ power to restrict abortion, surrogacy, or other anti-life “benefits.””
The chapter records that since Dobbs some benefits lawyers have argued that federal preemption under the Employee Retirement Income Security Act should block state efforts to stop employers helping employees obtain abortions through benefit plans, and says that law should not be allowed to override a state's ability to restrict it.
What the document actually says“Congress and DOL should clarify that ERISA does not preempt states’ power to restrict abortion, surrogacy, or other anti-life “benefits.””
One federal law can override state rules. The book says it should not do so here.
A federal law covers job benefit plans. It can override state law. Some states restrict abortion. The book says the federal law should not block those states.
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