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Trouble for Obamacare HHS Mandate (Fed Appeals Court Arguments)
Breitbart ^ | 15 Dec 2012 | by Ken Klukowski

Posted on 12/15/2012 2:11:46 PM PST by Mrs. Don-o

A top federal appeals court signaled Friday that it might act on Obamacare’s HHS Mandate—requiring employers to cover birth control and abortion-related services. After repeated assurances that the Affordable Care Act (ACA) would not mandate abortion or people of faith violating their religious beliefs, ...Secretary Kathleen Sebelius issued a rule from the U.S. Department of Health and Human Services (HHS) saying that a vague provision in the ACA requiring employers provide “preventive care” means that employer healthcare policies must cover birth control, abortion-related, and sterilization services.

A torrent of lawsuits have flooded the federal courts, with people of faith arguing that the HHS Mandate is both unconstitutional and a violation of the Religious Freedom Restoration Act (RFRA)....

[snip]

[Judge Ray] Randolph got DOJ to admit they were arguing three things to the court. First, HHS would not enforce the HHS Mandate against these parties. Second, they would issue a formal notice of making a new rule in the first quarter of 2013. And third, they would issue a new final rule by Aug. 2013.

Then he asked if DOJ would object to the court issuing an injunction ordering HHS to comply with all three conditions...

[snip] If Griffith provides a second vote for that option, then that could be what the D.C. Circuit does. If so, it would be the biggest win to date for religious liberty against Obamacare. And given the high regard the D.C. Circuit is held in by the other federal appellate courts, it might persuade other courts across the country to reach the same result.

But whether the court issues that precise order or not, it seems that at least two of these three judges are willing to claim jurisdiction in this case, and do something about the HHS Mandate.

(Excerpt) Read more at breitbart.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; US: District of Columbia
KEYWORDS: abortion; deathpanels; demagogicparty; doj; guncontrol; obamacare; religiousliberty; secondamendment; tyranny; zerocare

Two of the three judges in the DC Fed Court of Appeals seem to be leaning against Obamacare HHS mandate.. Hats off to the Beckett Fund for Religious Liberty lawyers, who took this case pro-bono and are forcing back the DOJ.

The main ingredient in winning is: keep fighting.

1 posted on 12/15/2012 2:11:54 PM PST by Mrs. Don-o
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To: Mrs. Don-o

The D.C. Circuit is something akin to the “top circuit”, because only the best and brightest judges go there, and many of them then go to the SCOTUS.

“The court is given the responsibility of directly reviewing the decisions and rule making of many federal independent agencies of the United States government based in the national capital, often without prior hearing by a district court.”

Of the current members of the SCOTUS, Scalia, Thomas, and Ginsburg all came from the D.C. Circuit.


2 posted on 12/15/2012 2:54:41 PM PST by yefragetuwrabrumuy (Pennies and Nickels will NO LONGER be Minted as of 1/1/13 - Tim Geithner, US Treasury Sect)
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To: yefragetuwrabrumuy

Sounds to me like if the Judge buys this he will just be kicking the can down the road for the Administration to issue an even more bodacious rule in August, 2012. Meanwhile the monster gets to embed its tentacles even more deeply before SCOTUS gets another crack at it.


3 posted on 12/15/2012 3:31:26 PM PST by Buckeye McFrog
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To: Buckeye McFrog

August 2012 = August 2013


4 posted on 12/15/2012 3:51:17 PM PST by Buckeye McFrog
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To: Mrs. Don-o

Then he asked if DOJ would object to the court issuing an injunction ordering HHS to comply with all three conditions...


Not sure when judges began ASKING the government if the constitution stopping them from oppression was okay.


5 posted on 12/15/2012 5:31:43 PM PST by SaraJohnson
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To: SaraJohnson

Good point. I hope these DC federal judges slap down the DOJ good and hard.


6 posted on 12/15/2012 5:56:56 PM PST by Mrs. Don-o ("Justice and judgment are the foundation of His throne." Psalm 89:14)
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