Grote v. Sebelius

Ct. of Appeals granted plaintiffs’ motion for injunction seeking to preclude govt. from enforcing mandate under Patient Protection and Affordable Care Act to provide contraception and sterilization procedures in self-insured, group health plan provided by secular corporation owned by plaintiffs to its 1,148 employees, where plaintiffs alleged that contraceptive mandate violated teaching of their Catholic faith and violated Religious Freedom Restoration Act. While Dist. Ct. denied plaintiffs’ request for preliminary injunction, Ct. of Appeals granted instant motion, after finding that: (1) plaintiffs’ use of corporation to provide group health plan did not preclude plaintiffs from asserting violation of RFRA; (2) govt. failed to establish that requiring religious objectors to provide cost-free contraception coverage is least restrictive means of increasing access to contraception; and (3) plaintiffs established both reasonable likelihood of success on merits, as well as irreparable harm if no injunction were entered. (Dissent filed.)