DOJ Asks Supreme Court to Lift Birth Control Mandate Block

The U.S. Department of Justice has asked the Supreme Court to lift a block on the enforcement of a Patient Protection and Affordable Care Act provision commonly called the "contraception mandate," according to a report from The Hill.

In a 37-page motion seeking denial of an injunction, the U.S. solicitor general wrote groups can exempt themselves from the mandate by simply self-certifying they are religious nonprofit organizations and object to the contraception coverage requirement, according to the report.

Last week, Supreme Court Justice Sonia Sotomayor issued a temporary block on the mandate's enforcement at the request of the Little Sisters of the Poor, an order of nuns that runs nursing homes for low-income people. The block on the contraception mandate applies to the nuns and other Roman Catholic nonprofit groups that use the Christian Brothers Employee Benefit Trust health plan.

Under the PPACA, all group health plans and health insurance issuers must provide, without cost-sharing, reproductive preventive care including all FDA-approved contraceptive methods and services, as well as patient education and counseling. The provision — which was due to take effect Jan. 1 — has faced numerous court challenges from organizations that claim it violates their religious freedom. The Supreme Court is due to hear two cases concerning whether corporations can refuse to provide coverage of contraception.

The Obama administration has said women employed by certain nonprofit religious groups like the Little Sisters can receive separate insurance coverage that employers don't pay for. However, the Little Sisters have objected to this accommodation, according to the report. Even if they didn't directly fund contraceptive services, they still oppose authorizing someone else to cover birth control.

It's unclear when the Supreme Court will decide whether to lift the injunction, according to the report.

More Articles on the Contraception Mandate:
Justice Sonia Sotomayor Blocks PPACA Birth Control Mandate
New York Judge: Catholic Organizations Exempt From PPACA Contraception Coverage Rule
Supreme Court Likely to Rule on PPACA Contraception Mandate 

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