DOJ Responds to Health Care Injunction

In response to Supreme Court Justice Sonia Sotomayor’s injunction relieving the Little Sisters of the Poor of the Affordable Care Act's contraceptive mandate, the Department of Justice (DOJ) responded today that the religious organization does not need an injunction because it is already eligible for an exemption. According to the Nashville Business Journal, the DOJ stated the organization can self-certify that it is a religious organization and objects to providing contraceptive coverage on religious grounds. If it does so, the agency says, the third party administrator of the group's self-insured health plan is under no obligation to provide the coverage. The agency also took the opportunity to draw a distinction between religious groups and businesses like Hobby Lobby that also are seeking to avoid the mandate, noting that for-profit corporations should not qualify for religious exemptions. Sotomayor will now review the government's argument and decide whether to lift the injunction.