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Supreme Court Justice Sonia Sotomayor delays mandate for birth control coverage

by AirTalk®

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US Supreme Court Nominee Sonia Sotomayor answers a question from Sen John Cornyn,R-TX, (not seen)on July 15, 2009 during the third day of confirmation hearings before the Senate Judiiciary Committee on Capitol Hill in Washington, DC. KAREN BLEIER/AFP/Getty Images

At the request of a small group of nuns in Colorado, Justice Sotomayor issued a stay on the contraception mandate for Roman Catholic groups using the Christian Brothers Employee Benefit Trust health plan.

Sotomayor’s decision came on Tuesday night, just before the law would have gone into effect for the new year, and will temporarily block the mandate for these small subsets until a more permanent decision is made by the federal government on Friday.

What is the significance behind Justice Sotomayor’s decision? What expectations can healthcare providers and consumers have for the more permanent issuance to be handed down on Friday?

Should the contraception mandate be universal, or should some groups be exempt? What’s fair?


Lisa McElroy, Associate Professor of Law, Drexel University School of Law

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