Birth Control Mandate Blocked By Colorado Judge

The contraception wars are officially on in the federal courts. Yesterday a federal judge Colorado judge issued an injunction blocking the birth control mandate under the Affordable Care Act and allowing legal challenge to its constitutionality to move forward.

It’s the first loss for the Obama administration in the twenty-four lawsuits filed in challenge of the mandate, guaranteeing the issue works its way through the federal appellate courts, likely even to the Supreme Court.

This ruling applies only to the plaintiffs who challenged the suit- a Catholic owned HVAC company that is self-insured- and will not prevent the rule from going into effect next Wednesday. But just because the ruling is narrow in its application doesn’t mean it shouldn’t be taken seriously. In order for the judge to issue the injunction he needs to believe the challenge would likely succeed on the merits. In this case it means Judge John L. Kane, a President Carter appointee believes the court could ultimately find the policy unconstitutional.

HHS Secretary Kathleen Sebelius said she was “disappointed” in the ruling.

“We are confident that as this case moves through the courts, the policy that most health insurance plans cover contraception will be upheld,” Sebelius said. “Preventive services are critical to women’s health and the Administration is committed to ensuring women have access to the health care they need regardless of where they work.  Health decisions should be between women and their doctors, not their employers.”

The court ordered the parties to file their joint case management plan by August 27 to expedite the case, which means we will have a ruling from the district court right as the presidential election heats up.

Related Stories:

Second Contraception Lawsuit Dismissed

Lawsuit Challenging Contraception Mandate Dismissed

First Lawsuit By Private Employer Fired Over Birth Control Mandate

Photo from nateOne via flickr.


Dawn F.
Dawn F.4 years ago

INSANE!! What is the judgment calls about people. WE ALL have a right to voice our OPINIONS! That is what this site is all about. We all thought we knew it all when we were young. Convictions & opinions change with age, time & tolerance. It takes "life" to show us that somethings are just not our business or should they be. Freedom of speech & CHOICE!!

Carole L.
Carole L.4 years ago

Elaina P
Read between the lines first this I wonder what's next? I hope they don't take away something you believe in next.”

They ARE trying to take away something WE believe in, which is; THE RIGHT TO CONTROL OUR OWN BODIES. Hello.

Barbara U
“Where will it stop? The Right is always talking about keeping the government out of their lives.”

Yes, they want government out of their lives and into women’s uterus's.

Elaina P
“I'm tired of repeating myself but I will say it again there are other proven methods to deal with those other problems.”

By all means, please provide details of these other proven methods, you keep spouting without provided facts.

Elaina P
“Religious beliefs are imposed on employees already and no one has said anything it just happens to be that this one benefits a certain part of the population.”

Like what, details please?

Carole L.
Carole L.4 years ago

Elaina P
“Why is it that birth control is being so defended by men its because sex without responsibility is like the jackpot for the man who doesn't want to concern themselves with the changes a baby brings to their lives.”

So those old white farts who sat on that committee a few months back to decide that women don’t need birth control were defending contraception? Yeah, like a baby doesn’t change a woman’s life. I would be the least bit surprised if you have children, which proves it takes no brains to reproduce.

And another thing, does not you bible state that god gave humans ‘Free Will’? are you not then interfering with our “god given right to use our Free Will?” there fore, it is MY god given right to choose how I use this body I inhabit and none of your anal retentive business.

Elaina P
“That is fine if you like sex so much you are willing to harm you body but I still don't feel that I should be obligated to pay for something I don't believe in its not just.”

Oh honey, you’re not the only one in this country who is obligated to pay for things they don’t believe in. of course, you don’t care about that.

Carole L.
Carole L.4 years ago

Elaina P
“Honestly birth control is a luxury that I don't feel I should have to pay for, if you don't want to take take responsibilitiy of you sexuality and the choices you make that is really your choice”

We ARE trying to “take responsibility of our sexuality and the choices we make” by fighting for our “Constitutionally protected Title X Rights” access to contraception. Why are you fighting so hard to stop that access? No one is forcing you to pay for contraception. Just where in the hell did you get the idea that you have to invest in the PRIVATE HEALTH INSURANCE COVERAGE OF OTHERS? And yes, I did intend to yell, as you can’t see to grasp ‘normal’ caps. Btw, Muslims deny their women contraception access as well;

elaina P
“Kevin I would ask that as a mature adult you would not make fun of what is sacred to other people. It's called a Bible.”

You do realize that the “Bible” is not the only religious texts on this planet. Who’s religious beliefs are being placed above the others? Btw Sharia doesn’t belief women should use contraception either. Guess that puts you in the same boat with Islamic laws.

Elaina P
“You have some good points DS but birth control is just another way for man to control and oppress our womanhood.”

ROFLMAO, wow. yeah allowing women to control their own bodies is c

Carole L.
Carole L.4 years ago

Beth K
“All gangs have colors. What color are liberals?”

Rainbow, because Progressive Liberals are all inclusive.

Pam V
“This company is not seeking to monitor and ban contraceptive use of it's employees, only that they should not have to pay for it, based on religious grounds.”

And just why someone else should get to decide what’s covered/not covered in a Health Insurance plan based on their personal/private religious beliefs. What if they decide AID’s drugs shouldn’t be covered either because that “life style” is against their religious beliefs.

Pam V
“The employee is free to purchase all the contraceptives they like.”

Yes, and then they have to ‘prove’ to their employer that they are “not” using contraception as “birth control”, because that is against their religious beliefs. Where does it end?

Sarah H
“What about religious freedom? The constitution protects it. The government has NO right to impose their regulations on any religion. If someone doesn't agree with their employers religious beliefs go some where else to work.”

How glib of you, since you are amongst those who screams about the “lack of jobs”.

Elaina P
“personally will stand up for what I believe and I will not be bullied by a mandate that is constitutionally wrong and that goes against my freedom of conscience”

Yeah, and screw everyone else’s personal belie

Eliana P.
Eliana P.4 years ago

Mama we are entitled to our opinions and that's what I have done give my opinion. Without offending anyone who has placed a comment here but they have not all done the same.

Frances C.
Frances C.4 years ago

Eliena, You seem to be the one who is judging what other people write. You may not agree with what they write, but they have the freedom to their opinion. From what I have read they are mostly correct. I went back to read all your many rants and find them disjointed, and you contradict yourself many times.

Eliana P.
Eliana P.4 years ago

Thank you Nancy for the positive energy I appriciate that.
Beth again with the judging. I could reverse it and say the same but I chose not to.
You guys are being just like the Christians you dislike so much I were you I would be careful you might convert and not notice it.
Religious beliefs are imposed on employees already and no one has said anything it just happens to be that this one benefits a certain part of the population that would like a little less responsibility.
I like how no one else but those that agree with this have a right to their opinion the rest of us have to remain mum well guess what this 25 year old will stand up for what she believe and I will not be intimidated people with a distorted and one sided idea of freedom of speech and opinion. I will not be pressured to believe what the mass believes I will continue to march to the beat of my conscience. I will stand up in the mist of this war against woman place by the HHS mandate for what I believe even if that means being called names and being falsely accused by strangers. So continue with your disrespect without me I'm willing to debate but I'm not willing to be disrespected or stoop down to that level I was not raised that way. I will stick to my values and morals. Wishing you all well and continual enlightenment. Peace be with you all.

Nancy G Ellison
NANCY G ELLISON4 years ago


Beth K.
.4 years ago

Eliana is 25, and at that age they usually are convinced they have all the knowledge they need. later she may find differently.