In it, but not of it. TPM DC

Boehner: Birth Control Mandate Is Unconstitutional

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Newscom

TPM put the constitutional question to a senior administration official, who didn't sound too concerned about it.

"This decision was made after very careful consideration of legal and policy points," the official said. "We think this is a balanced approach that really tries to respect religious belief while ensuring access to contraception for women."

The Obama administration first issued the regulation last year and finalized it on January 20, resisting religious pressure to carve out more exemptions for them.