Kathleen Sebelius

Health and Human Services Secretary Kathleen Sebelius is among the government officials being sued by the Michigan Catholic Conference in federal court over the contraception coverage mandate in the Affordable Care Act.

(File photo)

LANSING -- U.S. Justice Department attorneys have asked a federal judge to dismiss a challenge to the contraception coverage mandate contained in the Affordable Care Act filed by the Michigan Catholic Conference, calling it "meritless."

Government lawyers filed a motion Dec. 16 asking U.S. District Judge Gordon Quist to either dismiss the suit filed by the Michigan Catholic Conference and Catholic Charities Diocese of Kalamazoo or grant a judgment in the government's favor.

The Catholic groups are seeking an injunction preventing federal officials from enforcing the mandate, which requires insurers to provide coverage for contraceptive services at no cost under the Affordable Care Act.

The law contains exemptions from the mandate for churches, and U.S. Department of Health and Human Services rules also establish a process for religiously affiliated non-profit groups to claim an exemption.

The motion filed by the Justice Department on behalf of three Cabinet secretaries and their agencies says that the Catholic Conference, as an arm of the Catholic Church, is exempt from the mandate entirely, while Catholic Charities can use the administrative exemption by notifying the outside company managing its insurance that it qualifies for the exemption.

"It is hard to fathom how the mere act of requiring Catholic Charities to complete this self-certification could amount to a 'substantial' burden," government lawyers argue.

Under federal law, the Justice Department argues, HHS lacks the authority to require the "third party administrator" in charge of Catholic Charities' insurance plan to comply with the mandate once the charities claim the exemption.

"They [HHS] acknowledge that, under current law, they lack authority to require the TPAs of self-insured church plans to make the separate payments for contraceptive services for participants and beneficiaries in such plans under the accommodation," the motion states.

The motion also cites a decision rendered earlier this year involving a challenge to the law by a Grand Rapids-area company on First Amendment grounds.

"Plaintiffs' First Amendment claims are equally meritless. Indeed, nearly every court to

consider similar First Amendment challenges to the prior version of the regulations—including Judge Jonker in Autocam—rejected the claims, and their analysis applies here," the motion states.

A ruling on the motion has not been made, according to electronic court records.

Brian Smith is the statewide education and courts reporter for MLive. Email him at bsmith11@mlive.com or follow him on Twitter or Facebook.