Justice Department: Contraceptive coverage concerns 'lack foundation'

In response to Supreme Court Justice Sonia Sotomayor's temporary injunction against enforcement of the contraception mandate, the U.S. Department of Justice today said the Little Sisters of the Poor Home for the Aged's objections have no legal basis. DOJ pointed out that if the organization of Catholic nuns self-certifies as a religious nonprofit organization with religious objections to providing contraceptive coverage and provides a copy of the self-certification to the third-party administrator of the health plan, Little Sisters will meet all obligations of the contraceptive coverage mandate. That frees its third-party administrator from legal obligation to cover the services, according to the response, adding that the third-party administrator of Little Sisters's health plan already said it will not provide contraceptive coverage. "Given these circumstances, applicants' concern that they are 'authorizing others' to provide coverage lacks any foundation in the facts or the law." Response (.pdf)

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