“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
What is this case about ?
Oregon Right to Life (ORTL), an anti-abortion group, did not want to provide contraceptive and abortion insurance coverage to its employees. It claimed that a state law requiring it to provide such insurance violated its religious beliefs. The case is Oregon Right to Life v Stolfi decided in October 2025.
What happened in this case?
ORTL brought a suit in federal court arguing that it did not have to provide the abortion and contraception insurance coverage to its employees. The district court dismissed ORTL’s complaint and ORTL appealed to the Ninth Circuit.
What did Ninth Circuit Trump judge Lawrence Van Dyke and the majority decide ?
Judge Van Dyke wrote a 2-1 decision that reversed the lower court and authorized ORTL to proceed with its claim.
Van Dyke, joined by Obama judge John Owens, said that ORTL should have a chance to prove that the law violated its owners’ religious beliefs and would therefore be entitled to an exemption. Judge Van Dyke also wrote, in a concurring opinion, that because ORTL was likely to win its claim for an exemption when the court decided the case on its merits, a preliminary injunction should be issued that would allow ORTL to avoid providing the insurance coverage while the case proceeded.
What did Clinton nominee Judge Mary Schroeder say in dissent ?
Judge Schroeder explained that ORTL had never previously asked to be considered a religious employer and the record shows that ORTL “does not consider itself” to be such an employer. ORTL is not a “closely held” corporation as in the Supreme Court Hobby Lobby case, she went on. Instead, it is a membership group with more than 25,000 members with no requirement for membership other than a payment of $5.00. Members may or may not be motivated by religion to join. Thus the exemption in the statute or provided by the First Amendment does not apply.
What is the harm from this decision?
Trump judge Van Dyke’s opinion makes it harder for corporate employees at ORTL or at other corporations to use the Oregon law to allow them to obtain abortion and contraception insurance coverage. The majority ruling also clearly illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.