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Bench Memos

NRO’s home for judicial news and analysis.

Big Procedural Victory for Little Sisters of the Poor



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Without recorded dissent, the Supreme Court has enjoined the federal government from enforcing the HHS mandate against the Little Sisters of the Poor and their co-plaintiffs during the pendency of their Tenth Circuit appeal. More precisely, injunctive relief is available to each plaintiff if it informs HHS in writing that it is a nonprofit organization that holds itself out as religious and that it has religious objections to providing coverage for contraceptive services.

The Court specifies that the plaintiffs “need not use the [certification] form prescribed by the Government and need not send copies to third-party administrators.”

This is an important procedural victory for the Little Sisters of the Poor and their co-plaintiffs, and it ought to lead the lower courts to grant similar relief to other religious nonprofits challenging the HHS mandate.

It would seem that all nine justices are now part of that Catholic conspiracy that was the target of Jamie Stiehm’s idiotic anti-Catholic rant.



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