Supreme Court Will Take Case to Protect Little Sisters of the Poor From Funding Abortions Under Obamacare

National   |   Steven Ertelt   |   Jan 17, 2020   |   5:15PM   |   Washington, DC

The Little Sisters of the Poor are headed back to the Supreme Court to protect themselves from being force to fund abortions under Obamacare. The Supreme Court protected the Little Sisters once before from being compelled to pay for abortions in their health care plan but abortion advocates are trying a second time to force abortion funding on them.

In May 2016, the Supreme Court unanimously overturned a lower court ruling against the Little Sisters of the Poor and granted them an exemption from the Obama HHS contraceptive mandate, which required the nuns to fund abortion-causing drugs in their health care plans or pay millions of dollars in fines.

In 2017, the Trump administration announced a new rule to protect religious non-profits, including the Little Sisters of the Poor, but several pro-abortion states, including Pennsylvania and California, immediately sued the federal government to remove the protection and force Christian groups like the Little Sisters to pay for abortions.

In Commonwealth of Pennsylvania v. Trump, Pennsylvania Attorney General Josh Shapiro threatened the Little Sisters’ ministry by challenging their religious exemption, forcing the Little Sisters to continue to defend themselves in court. After a loss in the Third Circuit Court of Appeals, the order of Catholic nuns is asking the Supreme Court to end their six year-long legal battle and let them keep their focus on serving the elderly poor.

The 3rd Circuit, placed a nationwide injunction on HHS’s new conscience protection rule. On October 22, the 9th Circuit ruled to place an injunction on the new rule for the following states: California, Delaware, Virginia, Maryland, New York, Illinois, Washington, Minnesota, Connecticut, North Carolina, Vermont, Rhode Island, Hawaii, and DC. The case consolidates two challenges, Trump v. Pennsylvania and Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania.

Now the Supreme Court is stepping in to adjudicate.

“It has been six long years since we began our legal battle against government mandates that threaten our ministry,” said Mother Loraine Marie Maguire of the Little Sisters of the Poor. “We hope we have finally reached the end of this arduous process, that the Supreme Court will reaffirm their previous decision, and that we will soon be able to keep our focus on the elderly poor.”

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In 2016, the government admitted, before the Supreme Court, that it has ways to get abortion-causing drugs to women without forcing the Little Sisters of the Poor to participate. In fact, California and Pennsylvania each have programs for providing tax-funded abortions to women who want them. Yet these States sued to enforce the federal mandate on religious non-profits like the Little Sisters.

“This is a nonsensical political battle that has dragged on six years too long. These states have not been able to identify a single person who would lose contraceptive coverage under the new HHS rule, but they won’t rest until Catholic nuns are forced to pay for contraceptives,” said Mark Rienzi, president of Becket. “It is time for the Supreme Court to finally put this issue to rest.”

Justices Neil Gorsuch and Brett Kavanaugh will have a chance to weigh in on the Obama abortion mandate after issuing rulings on the side side of it as lower federal court judges.

President Trump has stood with the Little sisters in their battle.

During the Faith & Freedom Coalition conference in Washington this year, President Donald Trump defended the conscience rights of pro-life doctors and nurses. He also stood up for the Little Sisters of the Poor, the group of Catholic nuns that is still fighting in court against being forced to pay for abortion-causing drugs.

“When I asked for your support in 2016, Americans of faith were under assault. But the shameful attempt to suppress religious believers ended the day I took the oath of office,” the president said.

My administration has taken historic action to protect religious liberty. We’re protecting the conscience rights of doctors and nurses and teachers and groups like the Little Sisters of the Poor. We’re with them,” Trump told the audience of hundreds of Christian voters.

Stephanie Taub, Senior Counsel to First Liberty Institute, told she’s glad the high court is taking the case. her group defends religious freedom nationwide.

“The Supreme Court of the United States needs to protect once and for all the Little Sisters of the Poor and people of all faiths from government-forced violations of their religious beliefs. We are confident the Justices will again respect the religious liberty of all religious non-profits and reverse the Third Circuit’s dangerous decision,” she said.

The Obamacare mandate forces employers to provide every form of birth control, including types that may cause abortions, in their employee health plans. Many religious employers, like the Hobby Lobby craft store chain, do not oppose providing most forms of birth control, but they do oppose the types that may end an unborn baby’s life.

Whats more, the Obama administration carved out exemptions for huge corporations like ExxonMobil and PepsiCo but not for religious individuals. Lawyers with the Becket Foundation, which represent the Little Sisters, pointed out that Pennsylvania Attorney General Josh Shapiro did not challenge the exemptions for those big businesses.

Shapiro and other pro-abortion attorneys general have claimed that the Trump administration rules violate the First and Fifth Amendments because they put employers’ religious rights over women’s and deny women equal protection under the law, Patch reports.

But even Shapiro admitted that the HHS mandate under Obama was “extremely narrow,” leaving little room for religious exemptions.

Trump’s order limits a rule created under the Obama administration’s Affordable Care Act that required employers, including non-church religious organizations, to cover all forms of contraception at no cost to the employees, including birth control drugs and devices that can cause abortions.

Mark Rienzi, senior counsel at Becket and lead attorney for the Little Sisters, previously told LifeNews: “Sadly Josh Shapiro and [California Attorney General] Xavier Becerra think attacking nuns is a way to score political points. These men may think their campaign donors want them to sue nuns, but our guess is most taxpayers disagree. No one needs nuns in order to get contraceptives, and no one needs these guys reigniting the last administration’s divisive and unnecessary culture war.”

The controversial birth control mandate has twice made it to the Supreme Court where it sided with both Hobby Lobby and Little Sisters.

The court ruled that Hobby Lobby and other similar businesses were protected by the Religious Freedom Restoration Act of 1993, which states that an individual’s religious expression shouldn’t be “substantially burdened” by a law unless there is a “compelling government interest.”

In the Hobby Lobby ruling, Supreme Court Justice Samuel Alito wrote that the ACA birth control rule “would put these merchants to a difficult choice: either give up the right to seek judicial protection of their religious liberty or forgo the benefits, available to their competitors, of operating as corporations.”