Supreme Court Justice Sonia Sotomayor granted a last-ditch plea from Catholic groups Tuesday night to block a birth control mandate in the new health care law for religious organizations, just hours before it was to have gone into effect.
Sotomayor issued the stay at the request of an order of Catholic nuns in Colorado, part of a larger effort by Catholic-affiliated groups from around the nation to halt provisions of the Affordable Care Act that require companies — regardless of religious beliefs — to provide contraceptives to their employees.
The groups wanted the mandate halted while the court considers a legal challenge, brought by the for-profit company Hobby Lobby, arguing that the requirement violates their religious liberties.
In June, the 10th U.S. Circuit Court of Appeals in Denver waived millions of dollars of fines against Hobby Lobby and a subsidiary, Mardel Christian Stores, which refused to comply with the mandate, writing that the companies were likely to win their claim that requiring for-profit companies to pay for birth control was a violation of religious protections.
The motion for a stay went to Sotomayor as the justice with oversight for the 10th Circuit. She gave the government until Friday to respond.
"Tomorrow, a regulatory mandate will expose numerous Catholic organizations to draconian fines unless they abandon their religious convictions and take actions that facilitate access to abortion-inducing products, contraceptives, sterilization, and related education and counseling for their employees," the groups said in their request for a stay Tuesday.