Little Sisters of the Poor granted temporary injunction by Supreme Court

An order of Catholic nuns, The Little Sisters of the Poor received a temporary injunction from the Supreme Court protecting them from the controversial HHS contraceptive mandate.  The injunction means that the Little Sisters will not be forced to sign and deliver forms authorizing and directing others to provide contraceptives, sterilizations and drugs and devices that cause abortions.

"We are delighted that the Supreme Court has issued this order protecting the Little Sisters," said Mark Rienzi, Senior Counsel for the Becket Fund.  "The government has lots of ways to deliver contraceptives to people--it doesn't need to force nuns to participate."

The order was issued by Supreme Court Justice Sonia Sotomayor, who is the Justice assigned for emergency applications from the Tenth Circuit Court of Appeals.  Justice Sotomayor also ordered the federal government to file a brief in response to the Little Sisters' application.

Prior to the order, preliminary injunctions had been awarded in 18 of the 20 similar cases in which relief had been requested.

"Virtually every other party who asked for protection from the mandate has been given it," said Rienzi.  "It makes no sense for the Little Sisters to be singled out for fines and punishment before they can even finish their suit." 

The Little Sisters are joined in the lawsuit by religious health benefit providers, Christian Brothers Services, Christian Brothers Employee Benefits Trust.  The Plaintiffs are also represented by Locke Lord, a national law firm, and by Kevin Walsh, a law professor at the University of Richmond. 

To date, there are currently 91 lawsuits challenging the unconstitutional HHS mandate.