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First Plaintiff Beats Obama HHS-Abortion Mandate in Court (Breaking News!)
Life News ^ | July 27, 2012 | Steven Ertelt

Posted on 07/27/2012 1:59:20 PM PDT by NYer

A federal court issued an order Friday that halts enforcement of the Obama administration’s abortion pill mandate against a Colorado family-owned business while an Alliance Defending Freedom lawsuit challenging the mandate continues in court.

The mandate has generated massive opposition from pro-life groups because it forces employers, regardless of their religious or moral convictions, to provide insurance coverage for abortion-inducing drugs, sterilization, and contraception under threat of heavy penalties.

Alliance Defending Freedom attorneys obtained the first-ever order against the mandate on behalf of Hercules Industries and the Catholic family that owns it. The administration opposed the order, arguing, contrary to the U.S. Constitution, that people of faith forfeit their religious liberty once they engage in business.

The decision only applies to the company, and the court emphasized the ruling did not apply nationwide.

Since Hercules Industries would be required to begin offering the new coverage when its self-insured plan renews on November 1, Alliance Defending Freedom has requested a preliminary injunction that could prevent the government from enforcing the mandate against the company by August 1, the date when the company would need to begin the process of making changes to its plan.

As is the case with many religious groups or employers, the mandate could subject the Newlands to millions of dollars in fines per year if they don’t abide by its requirements.

“Every American, including family business owners, should be free to live and do business according to their faith. For the time being, Hercules Industries will be able to do just that,” said ADF Legal Counsel Matt Bowman after the decision.

Bowman added, “The cost of freedom for this family could be millions of dollars per year in fines that will cripple their business if the Obama administration ultimately has its way. This lawsuit seeks to ensure that Washington bureaucrats cannot force families to abandon their faith just to earn a living. Americans don’t want politicians and bureaucrats deciding what faith is, who the faithful are, and where and how that faith may be lived out.”

The pro-abortion ACLU has criticized the ruling, saying, “This is not religious freedom, this is discrimination. Real religious liberty gives everyone the right to make their own decisions about their own health, including whether and when to use birth control. It doesn’t give anyone the right to impose their beliefs on others.”

In his order, Senior Judge John L. Kane of the U.S. District Court for the District of Colorado said that the government’s arguments “are countered, and indeed outweighed, by the public interest in the free exercise of religion. As the Tenth Circuit has noted, ‘there is a strong public interest in the free exercise of religion even where that interest may conflict with [another statutory scheme]….’ Accordingly, the public interest favors entry of an injunction in this case.”

Bowman said Judge Kane explained that the government’s “harm pales in comparison to the possible infringement upon Plaintiffs’ constitutional and statutory rights.”

According to the brief Alliance Defending Freedom filed along with the motion requesting the injunction, “the mandate disregards religious conscience rights that are enshrined in federal statutory and constitutional law.” It also violates the First Amendment “due to its massive inapplicability and its discrimination among religions,” the brief explains.

Federal judges have dismissed two other lawsuits filed against the mandate.

 

In the second case, Judge James E. Boasberg of the D.C. Federal Court threw out the lawsuit Belmont Abbey College in North Carolina, the first plaintiff to file suit against the mandate, filed earlier this year. Judge Boasberg said he dismissed the lawsuit because the Obama administration is revising the initial rule it release forcing religious groups to pay for the drugs that violate their conscience and beliefs.

He wrote that he favored “deferring review until the agency’s position on exemptions to the contraceptive-coverage requirement is settled.”

After the first case was dismissed, Kyle Duncan, general counsel at the Becket Fund for Religious Liberty, attorneys for plaintiffs, said the decision turns on technicalities and doesn’t decide the merits of the dispute.

Luke Goodrich, Deputy General Counsel of the Becket Fund, which filed the lawsuit on behalf of Belmont Abbey College, a Catholic university, said before the decision he thought the Obama administrations argument will not stand up in court.

“It doesn’t argue that the mandate is legal; it doesn’t argue that the mandate is constitutional,” Goodrich said. “Instead, it begs the court to ignore the lawsuit because the government plans to change the mandate at some unspecified date in the future.”

“Apparently, the administration has decided that the mandate, as written and finalized, is constitutionally indefensible,” said Hannah Smith, senior counsel at The Becket Fund for Religious Liberty “Its only hope is to ask the court to look the other way based on an empty promise to possibly change the rules in the future.”

In its legal papers, the Obama administration did not defend the constitutionality of the mandate, but said the lawsuit should be thrown out because the administration plans to revise the mandate to make it on insurance companies to pay for coverage rather than employers, who will still have to make referrals.

Obama’s February 10 “accommodation” came under increasing fire on numerous fronts. A diverse coalition of over 300 scholars and religious leaders have called the maneuver “unacceptable,” because it still forces many religious organizations to violate their core religious beliefs. The U.S. Conference of Catholic Bishops has also denounced it.

The panel that put together the mandate has been condemned for only having pro-abortion members even though polling shows Americans are opposed to the mandate.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government
KEYWORDS: abortion; freedomofreligion; hercules; hhs; mandate; moralabsolutes; prolife

1 posted on 07/27/2012 1:59:31 PM PDT by NYer
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To: netmilsmom; thefrankbaum; Tax-chick; GregB; saradippity; Berlin_Freeper; Litany; SumProVita; ...
Good news ping!

Catholic Ping
Please freepmail me if you want on/off this list


2 posted on 07/27/2012 2:00:49 PM PDT by NYer (Without justice, what else is the State but a great band of robbers? - St. Augustine)
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To: All
“The cost of freedom for this family could be millions of dollars per year in fines that will cripple their business if the Obama administration ultimately has its way."


3 posted on 07/27/2012 2:04:44 PM PDT by NYer (Without justice, what else is the State but a great band of robbers? - St. Augustine)
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To: NYer

If this makes it to the Supreme Court, don’t worry, Roberts will crush yet another constitutional right.


4 posted on 07/27/2012 2:05:48 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: NYer

Yeah but, but.....the king hath given his orders. More of this has to happen on everything this President says and wants to do.


5 posted on 07/27/2012 2:08:08 PM PDT by RC2 (http://www.youtube.com/watch?v=nDMeDmV0ufU)
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To: NYer
They haven't beaten it.

They've gotten a stay of execution.

6 posted on 07/27/2012 2:09:18 PM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: NYer; STARWISE; trisham; RedMDer

Praise God and Senior Judge John L. Kane of the U.S. District Court for the District of Colorado!


7 posted on 07/27/2012 2:10:43 PM PDT by onyx (FREE REPUBLIC IS HERE TO STAY! DONATE MONTHLY! IF YOU WANT ON SARAH PALIN''S PING LIST, LET ME KNOW)
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To: NYer

According to the opposition, true freedom of religion “doesn’t give anyone the right to impose their beliefs on others.”

...except for liberals imposing their beliefs on conservatives.


8 posted on 07/27/2012 2:12:31 PM PDT by Conservaliberty (I've written over 200 pages for a novel. But I didn't do that. Somebody else made that happen.)
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To: NYer
The employee has the freedom to seek employment elsewhere, with an employer who offers insurance satisfactory to her/him.

All employers don't offer dental or vision. If you want coverage for those items that badly, you find an employer who offers that coverage.

9 posted on 07/27/2012 2:13:20 PM PDT by SCalGal (Friends don't let friends donate to H$U$, A$PCA, or PETA.)
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To: onyx

Amen!


10 posted on 07/27/2012 2:17:18 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Admin Moderator

Can you please add this story to the Breaking News group. Thank you!


11 posted on 07/27/2012 2:17:22 PM PDT by NYer (Without justice, what else is the State but a great band of robbers? - St. Augustine)
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To: NYer; onyx

Judge John L. Kane—his brothers’ and sisters’ keeper!

May God bless him.


12 posted on 07/27/2012 2:17:35 PM PDT by Fightin Whitey
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To: onyx; NYer; All

Every time a Freeper or Lurker signs up to be a New Monthly Donor

A generous Freeper donates $10!!

Please sign up now!

13 posted on 07/27/2012 3:04:53 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93destr)
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To: RedMDer
The decision only applies to the company, and the court emphasized the ruling did not apply nationwide.

Funny how this ONLY applies to this ONE company, just like Roe V Wade ONLY applied to Ms "Roe", right?

How about a standard? If it's stayed for this company, then have it stopped for all companies. Or, conversely, abortion is illegal except for Ms Roe.

14 posted on 07/27/2012 3:26:53 PM PDT by Big Giant Head
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To: NYer

sfl


15 posted on 07/27/2012 3:47:18 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: NYer; Sirius Lee; lilycicero; MaryLou1; glock rocks; JPG; Monkey Face; RIghtwardHo; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of general interest.


16 posted on 07/27/2012 4:54:21 PM PDT by narses
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To: NYer

Good for Hercules Industries!

One thing for sure - Obamacare is a guaranteed “full employment” bill for high priced lawyers.


17 posted on 07/27/2012 4:57:02 PM PDT by nascarnation
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To: NYer

BTTT!


18 posted on 07/27/2012 5:01:53 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: NYer

i thought the story was that the “judge told them to give up their religion or their business”?


19 posted on 07/27/2012 5:57:48 PM PDT by the invisib1e hand
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To: NYer

Lord we praise Thee and we adore Thee.

Confuse our enemies and allow them to go mad.

In the name of the Father, and of the Son, and of the Holy Ghost, amen.


20 posted on 07/27/2012 7:17:53 PM PDT by annalex (fear them not)
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To: NYer

Very Good Step one but there is more to come!

Just say No!


21 posted on 07/27/2012 8:22:49 PM PDT by jafojeffsurf (Return to the Constitution)
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To: annalex
Lord we praise Thee and we adore Thee.
Confuse our enemies and allow them to go mad.
In the name of the Father, and of the Son, and of the Holy Ghost, amen.


Amen!
22 posted on 07/28/2012 9:17:27 AM PDT by MonicaG (God bless our military! Praying and thanking God for you every day. Thank you!)
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To: fwdude
If this makes it to the Supreme Court, don’t worry, Roberts will crush yet another constitutional right.

Yep.
Turns out Roberts is just another lying Souter scumbag.

America was had once again.

23 posted on 07/28/2012 9:31:30 AM PDT by Lancey Howard
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