Little Sisters argue contraception mandate case before 3rd Circuit as long fight continues

Legal counsel for the Little Sisters of the Poor delivered oral arguments to a federal appellate court on July 7 as the Catholic religious society continued its 15-year legal battle over contraception mandates.

The dispute goes back to a 2011 federal regulation imposed by the U.S. Department of Health and Human Services (HHS), which requires employers to include coverage of contraception in healthcare plans offered to employees, as part of rules implementing the Affordable Care Act.

Although the Little Sisters of the Poor already won two Supreme Court cases — which found the federal government must protect the religious freedom of those who object to contraception and that the federal government has the authority to create exemptions — the attorneys general of Pennsylvania and New Jersey are challenging federal exemptions on grounds that the Supreme Court has not yet ruled on.

A lower court ruled in favor of the two states, against the Little Sisters of the Poor, finding that the federal exemptions are arbitrary and capricious. The sisters filed an appeal, which is being considered by the U.S. Court of Appeals for the 3rd Circuit.

Aimee Thomson, who represented the two…