Justice Sotomayor and 3 Circuits Rule On Injunctions Pending Appeals By Non-Profits In Contraceptive Mandate Cases

With the approach of  the Jan. 1, 2014 effective date for the Affordable Care Act contraceptive coverage accommodation for religious non-profits (Final Rules in Federal Register), three circuit courts and a Supreme Court Justice yesterday ruled on motions for injunctions pending appeals by non-profits who lost at the district court level.

• The 7th Circuit denied Notre Dame University's emergency motion for an injunction pending appeal, but ordered expedited briefing and oral argument. (Full text of order.) (See prior related posting.) 
• The 10th Circuit denied Little Sisters of the Poor's emergency motion for an injunction pending appeal. (Full text of order.) (See prior related posting.) However late in the evening, Justice Sotomayor issued a temporary injunction blocking enforcement, and ordered a response by the federal government by 10:00 AM on Friday. (Full text of order from SCOTUSblog.)
• The D.C. Circuit, by a 2-1 vote, granted emergency motions for injunctions pending appeal filed by by Priests for Life (see prior posting) and by the various plaintiffs (other than Thomas Aquinas College that prevailed below) in the Roman Catholic Archbishop of Washington case. (Full text of motion.) Judge Tatel filed a dissenting opinion. The court also ordered the two cases consolidated for appeal. (Full text of Order and Opinion).  Appellants in both cases reacted in press releases. (Statement of Archdiocese; Statement of Priests for Life.)

 [Thanks to Stephen Blakeman for the lead.]