Divided 8th Circuit Panel Issues Stay Pending Appeal In Contraceptive Mandate Case

The U.S. 8th Circuit Court of Appeals yesterday, by a 2-1 vote, issued a stay pending appeal in O'Brien v. Department of Health and Human Services. (Full text of order.)  In the case, a Missouri federal district court rejected a series of challenges to the contraceptive coverage mandate of the Affordable Care Act brought by a small business organized as a limited liability company and by its sole owner who is Catholic. (See prior posting.) American Center for Law and Justice issued a press release applauding the 8th Circuit's action.