Little Sisters of the Poor Win at the Supreme Court

July 13, 2020

By John McClaughry

Last week the Supreme Court ruled again in favor of the Little Sisters of the Poor. That’s a Catholic charitable order that for years has served the poor, sick and needy, but refuses to distribute contraceptives because it is against the precepts of their religion.

The Court held that the Trump administration had the authority to exempt them and similar organizations from the Department of Health and Human Services mandate requiring them to provide contraceptive coverage to employees, and that it did so in a proper manner.

The contraceptive mandate came from Obamacare, enacted without a single Republican in support. The law allowed HHS to exempt from the mandate certain businesses and organizations that had moral or religious objections to distributing drugs to terminate pregnancies in the womb.

In 2017 The Trump administration expanded the exemptions. A year ago the Democratic–led states of New Jersey and Pennsylvania dragged the Little Sisters back into court again, claiming that the Trump administration had no power to issue the exemption and in any case, didn’t do it correctly.

On Wednesday, on a 7-2 vote the Supreme Court reversed the lower courts and held that the Trump administration had the authority to broaden religious exemptions to the contraceptive mandate.

But Pennsylvania and New Jersey will be back, claiming the exceptions are arbitrary and capricious and thus invalid.

Why can’t the Democratic feminists evidently in power in Pennsylvania and New Jersey ever let go of this totalitarian fetish, and let the Little Sisters use their charitable funds to take care of the poor and needy instead of paying lawyers for seven years?

John McClaughry is vice president of the Ethan Allen Institute,

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