The New Orleans-based 5th U.S. Circuit blocked immediate enforcement of the ruling in May. On Tuesday, three 5th Circuit judges heard arguments on whether they should continue to stay enforcement of the ruling during what could be a lengthy appeals process.
An attorney for plaintiffs in the case — including a conservative activist and a Christian dentist who oppose coverage for contraception and HIV prevention on religious grounds — said in court Tuesday that a stay is unnecessary. Insurers and employers who provide employee health insurance would be unlikely to drop preventive coverage before the case is finally resolved, attorney Jonathan Mitchell said.
Judge Leslie Southwick, one of three appellate judges in the case, was skeptical. “You may be right, but it really is speculation if you want us to apply some of our sense of how insurance companies react,” Southwick said. Lawyers for the Biden administration stressed that they are not seeking to block enforcement protecting the plaintiffs in the case from requirements to provide preventive care. They do want a stay that would keep the Texas judge’s ruling from applying nationwide while the appeals play out.Copyright 2023 The Associated Press. All rights reserved.