CA federal judge rules against Little Sisters of the Poor

Upholds Obamacare forced contraception

Judge Gilliam cited harm to Democratic states (Photo from law.com)

The following comes from a Jan. 13 story on Politico.

A federal judge in California blocked a Trump administration rule on contraception just hours before it was to go into effect Monday. It would have allowed virtually any employer to refuse to cover workers’ birth control by citing religious or moral objections.

U.S. District Judge Haywood Gilliam, Jr. ruled the policy would cause harm to the Democratic states suing over the rules, and he issued an order staying the rules from going into effect while the lawsuit proceeds. His temporary block is limited to just the 13 states plus the District of Columbia involved in the lawsuit. However it’s possible that a court in Pennsylvania, considering a similar request for an injunction, could issue a broader national order.

The new rules mark the Trump administration’s second attempt to narrow the Obamacare-related requirement that employers must provide FDA-approved contraception in the employee health plan at no cost. The first attempt was halted in 2017 after courts found the administration tried to make the change without giving the public the opportunity to weigh in. Houses of worship and closely-held private companies with religious objections are currently exempted from the birth control coverage mandate; the Trump administration is seeking to make the exemptions much broader.

The states in the California case argued that people will suffer irreparable harm. HHS estimated that between 6,400 and 127,000 women will lose coverage of contraceptives under the rule, but reproductive rights advocates argued the change could affect millions of people.

The birth control mandate had been controversial from the outset, under the Obama administration. The Trump administration’s effort to narrow it reignited a fierce battle, and quickly prompted new legal challenges.

The states sought nationwide injunctions, both on administrative grounds and by arguing that the rule would undercut the health care law and unconstitutionally discriminate against women….

 

Mark Rienzi, president of Becket, a legal group representing a Catholic religious order of nuns intervening in the case, said today’s ruling threatens “the rights of religious women like the Little Sisters of the Poor.”

 

Comments

  1. I would like to know what every loud mouthed liberal Catholic that supported ACA now thinks of it…..They lied about it and its consequences

  2. Thousands will “suffer irreparable harm,” without their employers’ insurance to cover birth control? Really? How many millions of American aborted babies have suffered irreparable harm– when they were evilly killed in their mother’s wombs?? While millions of misguided, hedonistic young Americans seek only the “wild party life,” devoid of holy Marriage, and the sacred family home, where children are joyfully awaited, with heartfelt love?? America has lost her soul!

  3. What will the Little Sisters of the Poor do– if they are eventually forced to close all of their elderly care homes for the poor? So many good people who are blessed to receive their care, will suffer greatly!– especially those most in need! All the money collected from donations, cannot help, at that point! They sure do need our prayers!

  4. The United States is NOT a theocracy. Sometimes the law and rules have to respect the beliefs and practices even when they do not agree with what one holds. Can’t the Little Sisters arrange their organizational structures to fall below the mandate’s small size limits?

    • St. Christopher says

      Some are much like the Roman magistrate that offered to spare St. Polycarp if he would just place a pinch of incense in the brazier before Caesar. Of course he refused, as the amount of the offense to God was inconsequential. Polycarp is reported to have said, “Eighty and six years have I served Christ, and he never did me any injury: how then can I blaspheme my King and my Savior?” (Word on Fire Blog, Fr. Steve Grunow). The Little Sisters believe that the “accommodation” demanded by the Government makes them complicit in contraception. Obama, and Lefty Democrats (and their judges) will not quit, or be bound by the obvious wording of the Constitution.

    • mike m, The “Godless, Immoral, Selfish, Lawless, Irresponsible, Politically-Correct Hedonists of America,” are trying to force their agenda on the whole world– “totalitarian”-style. Our Nation was originally founded on belief in God, and a firm, Judeo-Christian Biblical foundation, with Christian morality. The basis of all civilization is the Traditional Marriage, Home, Family– with Children.

  5. mike m.– yes, America is not a “theocracy!” Not an immoral, “atheist Death Culture :theocracy,” either! Tell that to the immoral, Democratic Party, “politically-correct,” “Death Culture” czars– forcing their evils on everyone! America was founded on a wonderful, God-believing, Judeo-Christian Biblical foundation– yet, with freedom of religion, too! — and it is the greatest country in the world! And no– bakers and florists do not have to design “same sex” products for you! Jewish deli owners do not have to sell you ham sandwiches! Nuns do not have to provide you with birth control and abortion, in your health insurance! Mormons do not have to serve you coffee! Etc. That’s freedom of religion!

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