Sotomayor Delays Health Law's Birth Control Mandate - FOX 35 News Orlando

Sotomayor Delays Health Law's Birth Control Mandate

Posted: Updated:
Washington, D.C. -

(FOX 11 / AP) Only hours before the law was to take effect, a Supreme Court justice on Tuesday blocked implementation of part of President Obama's health care law that would have forced some religion-affiliated organizations to provide health insurance for employees that includes birth control coverage.

Justice Sonia Sotomayor's decision came after a different effort by Catholic-affiliated groups from around the U.S. Those groups had rushed to the federal courts to stop Wednesday's start of portions of the Affordable Care Act, also known as Obamacare.

Sotomayor acted on a request from an organization of Catholic nuns in Denver, the Little Sisters of the Poor Home for the Aged. Its request for an emergency stay had been denied earlier in the day by a federal appeals court.

The government is "temporarily enjoined from enforcing against applicants the contraceptive coverage requirements imposed by the Patient Protection and Affordable Care Act," Sotomayor said in the order. She gave government officials until 10 a.m. EST (1500 GMT) Friday to respond to her order.

The law requires employers to provide insurance that covers a range of preventive care, free of charge, including contraception. The Catholic Church prohibits the use of contraceptives. That was not acceptable, said the nuns' lawyer, Mark L. Rienzi.

"The Little Sisters are an order of Catholic nuns whose religious faith leads them to devote their lives to caring for the elderly poor. Not surprisingly, they have sincere and undisputed religious objections to complying with this Mandate," Rienzi said.

The Obama administration crafted a compromise, or accommodation, that attempted to create a buffer for religiously affiliated hospitals, universities and social service groups that oppose birth control. The law requires insurers or the health plan's outside administrator to pay for birth control coverage and creates a way to reimburse them.

But for that to work, the nuns would have to sign a form authorizing their insurance company to provide contraceptive coverage, which would still violate their beliefs, he said.

"Without an emergency injunction, Mother Provincial Loraine Marie Maguire has to decide between two courses of action: (a) sign and submit a self-certification form, thereby violating her religious beliefs; or (b) refuse to sign the form and pay ruinous fines," he said.

The White House did not comment on the order Tuesday night. Sotomayor issued the order a few hours before leading the final 60-second countdown and pushing the ceremonial button to drop the New Year's Eve ball in New York's Times Square.

A spokeswoman for the Becket Fund for Religious Liberty, the lead counsel for the Little Sisters of the Poor, said the group was delighted by Sotomayor's order. "The government has lots of ways to deliver contraceptives to people," Emily Hardman said in a statement. "It doesn't need to force nuns to participate."

Sotomayor's decision to delay the contraceptive portion of the law was joined by the U.S. Court of Appeals for the District of Columbia Circuit, which also issued an emergency stay for Catholic-affiliated groups challenging the contraceptive provision. But one judge on the three-judge panel that made the decision, Judge David S. Tatel, said he would have denied their motion.

"Because I believe that appellants are unlikely to prevail on their claim that the challenged provision imposes a 'substantial burden' under the Religious Freedom Restoration Act, I would deny their application for an injunction pending appeal," Tatel said.

  • Political NewsMore>>

  • Former Virginia Gov. Bob McDonnell's corruption case goes to jury

    Former Virginia Gov. Bob McDonnell's corruption case goes to jury

    Tuesday, September 2 2014 6:02 PM EDT2014-09-02 22:02:25 GMT
    The corruption case that could send former Virginia Gov. Bob McDonnell and his wife to federal prison was in the hands Tuesday of jurors who must decide whether the couple sold the influence of the office to a wealthy vitamin executive seeking legitimacy for his company's signature product.
    The corruption case that could send former Virginia Gov. Bob McDonnell and his wife to federal prison was in the hands Tuesday of jurors who must decide whether the couple sold the influence of the office to a wealthy vitamin executive seeking legitimacy for his company's signature product.
  • Ex-Va. Gov says he knows in heart he's innocent

    Ex-Va. Gov says he knows in heart he's innocent

    Friday, August 22 2014 6:33 PM EDT2014-08-22 22:33:08 GMT
    Former Virginia Gov. Bob McDonnell says he knows in his heart he's innocent of the federal corruption charges he's facing.
    Former Virginia Gov. Bob McDonnell says he knows in his heart he's innocent of the federal corruption charges he's facing.
  • Rolex passed among jurors in ex-Va. gov trial

    Rolex passed among jurors in ex-Va. gov trial

    Thursday, July 31 2014 7:08 PM EDT2014-07-31 23:08:18 GMT
    The requests for lavish gifts were frequent. Jonnie Williams — the star witness in a corruption trial against the former Virginia governor and his wife — was being asked for everything from a joy ride in his Ferrari to stock in the company he led.
    The requests for lavish gifts were frequent. Jonnie Williams — the star witness in a corruption trial against the former Virginia governor and his wife — was being asked for everything from a joy ride in his Ferrari to stock in the company he led.
  • PoliticsMore>>

  • Mideast Complexities Confound US Coalition Effort

    Mideast Complexities Confound US Coalition Effort

    Monday, September 15 2014 10:23 AM EDT2014-09-15 14:23:05 GMT
    The Middle East has confounded outsiders for years, so it is no surprise that another U.S.-led project with a straightforward goal - destroying a marauding organization of extremists - is bumping up against age-old rivalries and a nod-and-a-wink-style political culture.
    The Middle East has confounded outsiders for years, so it is no surprise that another U.S.-led project with a straightforward goal - destroying a marauding organization of extremists - is bumping up against age-old rivalries and a nod-and-a-wink-style political culture.
  • Can President Obama Wage War Without Consent Of Congress?

    Can President Obama Wage War Without Consent Of Congress?

    Friday, September 12 2014 10:38 AM EDT2014-09-12 14:38:11 GMT
    As a U.S. senator from Illinois running for the White House in 2007, Barack Obama sponsored a resolution to prohibit President George W. Bush's administration from taking military action against Iran unless it was explicitly authorized by Congress.
    As a U.S. senator from Illinois running for the White House in 2007, Barack Obama sponsored a resolution to prohibit President George W. Bush's administration from taking military action against Iran unless it was explicitly authorized by Congress.
  • 9/11 Commemoration, Observances

    9/11 Commemoration, Observances

    Thursday, September 11 2014 11:20 PM EDT2014-09-12 03:20:28 GMT

    With the solemn toll of a bell and a moment of silence, the nation paused Thursday to mark the 13th anniversary of the Sept. 11 attacks at the hallowed site just hours after President Barack Obama promised to root out and destroy a new group of terrorists threatening the U.S.

    With the solemn toll of a bell and a moment of silence, the nation paused Thursday to mark the 13th anniversary of the Sept. 11 attacks at the hallowed site just hours after President Barack Obama promised to root out and destroy a new group of terrorists threatening the U.S.

Powered by WorldNow

35 Skyline Drive
Lake Mary, FL 32746

Phone: (407) 644-3535
News Tips: (866) 55-FOX35

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | New Terms of Service What's new | Ad Choices