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[D.C. Circuit] Court Rules Obama Admin Canít Make Catholic Family Business Follow HHS Mandate
Life News.com ^ | 11/1/13 | Steven Ertelt

Posted on 11/01/2013 10:32:01 AM PDT by GonzoII

Court Rules Obama Admin Can’t Make Catholic Family Business Follow HHS Mandate

by Steven Ertelt | LifeNews.com | 11/1/13 1:07 PM

A powerful federal appeals court ruled today that a Catholic family-run business does not have to comply with the Obamacare abortion mandate requiring it to pay for birth control and drugs that may cause abortions.

Francis A. Gilardi, Jr. and Philip M. Gilardi, two brothers who own and control two companies that are involved in the processing, packaging, and transportation of fresh produce, filed suit against the Obama administration on behalf of their business, Freshway Foods, a nearly 25 year old family-owned fresh produce processor and packer, which serves 23 states and has 340 full-time employees.

Both companies are located in Sidney, Ohio, a city in west-central Ohio located about 40 miles north of Dayton. The owners, who are Catholic, contend that the HHS mandate requiring coverage for contraception, sterilization, and abortion-inducing drugs – violates their religious beliefs.

The D.C. Circuit Court of Appeals — the second most influential bench in the land behind the Supreme Court — ruled in favor of the brothers. Requiring companies to cover their employees’ contraception, the court ruled, is unduly burdensome for business owners who oppose birth control and abortion on religious grounds.

“The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan,” Judge Janice Rogers Brown wrote on behalf of the court.

“They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong,” Brown wrote.

The Obama administration said that the requirement is necessary to protect women’s health and abortion rights. The judges were unconvinced that forcing companies to violate their religious rights was appropriate.

Brown wrote that “it is clear the government has failed to demonstrate how such a right — whether described as noninterference, privacy, or autonomy — can extend to the compelled subsidization of a woman’s procreative practices.”

“The provision of these services — even without the contraceptive mandate — by and large fulfills the statutory command for insurers to provide gender-specific preventive care,” she wrote. “At the very least, the statutory scheme will not go to pieces.”

CLICK LIKE IF YOU’RE PRO-LIFE!

 

Conservative legal expert Ed Whelan writes at NRO about the case:

1. The primary opinion, by Judge Janice Rogers Brown, rules, first, that the closely-held companies that the Gilardis run do not have any rights under RFRA. Judge Brown determines that “secular corporations” do not have free-exercise rights. And although the line between secular and religious corporations might not be easy to draw (and does not turn on the for-profit/nonprofit distinction), the plaintiff companies conceded that they are religious corporations. (Slip op. at 7-15.)

But, Brown rules, the Gilardis themselves have been injured by the HHS mandate in a way that is separate and distinct from the injury to their companies. (Slip op. at 15-17.) The HHS mandate burdens their exercise of religion by pressuring them to approve and endorse the inclusion of objectionable coverage in their companies’ health plans. “They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong.” (Slip op. at 20; see generally pp. 17-23.) The government’s supposedly compelling interest is nebulous (slip op. at 23-28), and even if it were compelling, the HHS mandate is not the least restrictive means of furthering that interest (slip op. at 28-32.)

Petitions for certiorari from three federal appellate rulings on the HHS mandate are already before the Supreme Court. It is a very safe bet that the Court will grant review in one or more of the cases. Today’s ruling makes it all the more likely that the Court will ensure that the questions presented extend beyond the RFRA rights of for-profit corporations to include the rights of their individual owners.



TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: District of Columbia
KEYWORDS: catholic; courts; hhs; hhsmandate; law; obama; obamacare; prolife
" 'They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong,' Brown wrote."
1 posted on 11/01/2013 10:32:02 AM PDT by GonzoII
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To: NYer

Ping.


2 posted on 11/01/2013 10:33:24 AM PDT by GonzoII (Quia tu es, Deus, fortitudo mea...Quare tristis es anima mea?)
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To: GonzoII
COOL!

I hope that Catholic and Protestant Hospitals can use this somehow to keep Obamacare from forcing them to kill babies.

3 posted on 11/01/2013 10:34:29 AM PDT by PATRIOT1876
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To: GonzoII

..the hair ball starts to unravel


4 posted on 11/01/2013 10:35:32 AM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: GonzoII; All

WOW!

Let’s pray for Brown! This is the right answer!

God’s grace does not go unanswered by the devil, who can cause a lot of mischief if we are lax about the Lord.


5 posted on 11/01/2013 10:37:18 AM PDT by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
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To: GonzoII

Next stop, SCOTUS...where Judge Roberts will crap out another BS ruling.


6 posted on 11/01/2013 10:38:25 AM PDT by Farnsworth (Now playing in America: "Stupid is the new normal")
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To: GonzoII

Janice Rogers Brown
From Wikipedia, the free encyclopedia
Jump to: navigation, search
“Janice Brown” redirects here. For the superintendent, see Janice Brown (superintendent).
Janice Rogers Brown
Janice Rogers Brown.jpg
Judge of the United States Court of Appeals for the District of Columbia Circuit
Incumbent
Assumed office
June 10, 2005
Appointed by George W. Bush
Preceded by Stephen Williams
Associate Justice of the Supreme Court of California
In office
May 2, 1996 – June 10, 2005
Appointed by Pete Wilson
Preceded by Ronald George
Succeeded by Carol Corrigan
Personal details
Born May 11, 1949 (age 64)
Greenville, Alabama, U.S.
Alma mater California State University, Sacramento
University of California, Los Angeles
University of Virginia

Janice Rogers Brown (born May 11, 1949) is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. She previously was an Associate Justice of the California Supreme Court, holding that post from May 2, 1996 until her appointment to the D.C. Circuit.

President George W. Bush nominated her to her current position in 2003. However, her nomination was stalled in the U.S. Senate for almost two years because of Democratic opposition. She began serving as a federal appellate court judge on June 8, 2005.


7 posted on 11/01/2013 10:40:05 AM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: GonzoII

"I can't wait!!!"


8 posted on 11/01/2013 10:43:13 AM PDT by Jeff Chandler (Obamacare: You can't make an omelette without breaking a few eggs.)
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To: GonzoII

Full opinion here: http://www.cadc.uscourts.gov/internet/opinions.nsf/947B9C4D8A1E54E785257C16004E80C9/$file/13-5069-1464136.pdf


9 posted on 11/01/2013 10:43:40 AM PDT by darkangel82
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To: GonzoII
This is great news... that is until Chief Justice Roberts morphs it into another constitutional tax--
10 posted on 11/01/2013 10:43:51 AM PDT by Bender2 ("I've got a twisted sense of humor, and everything amuses me." RAH Beyond this Horizon)
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To: GonzoII
I thought this would be so easy and now all I've got is a headache.
11 posted on 11/01/2013 10:47:17 AM PDT by JPG (Yes We Can morphs into Make It Hurt.)
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To: GonzoII

Gee, too bad Obamacide doesn’t have a severablity clause.


12 posted on 11/01/2013 10:48:32 AM PDT by Colonel_Flagg (Some people meet their heroes. I raised mine. Go Army.)
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To: Jeff Chandler

Chief John RobsUS is a catholic supposedly. He’s been given another chance to vote correctly or his soul has been corrupted on this one.


13 posted on 11/01/2013 10:49:31 AM PDT by tflabo (Truth or Tyranny)
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To: dennisw

Janice Rogers Brown would have made a great Supreme Court Justice.


14 posted on 11/01/2013 10:58:45 AM PDT by livius
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To: GonzoII

No Severability clause.

The entire law “has” been struck down...../s

Like the government recognizes law anymore, except that which they insist on imposing.


15 posted on 11/01/2013 10:59:16 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Vendome

Yes, I think you’re right. One of the things pointed out very early about this was that there was no severability clause.

It was a poorly written law (that could have been written by chimps on drugs) and nobody reviewed it because it was so huge.


16 posted on 11/01/2013 11:00:48 AM PDT by livius
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To: dennisw

Judge Brown is also an African American. Bravo for her! She is in the mold of Col. Allen West and Dr. Ben Carson. These people are blunting the disgraceful behavior of Barak Obama!


17 posted on 11/01/2013 11:16:02 AM PDT by vette6387
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To: livius

Whatz wrong with you?

I like chimps.

The law was written for chumps....


18 posted on 11/01/2013 11:17:12 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Vendome

BY chumps. The rest of us non-chumps are paying for it.


19 posted on 11/01/2013 11:19:41 AM PDT by livius
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To: GonzoII; ADemocratNoMore; Akron Al; arbee4bush; agrace; ATOMIC_PUNK; Badeye; Bikers4Bush; ...

Ohio Ping
Francis A. Gilardi, Jr. and Philip M. Gilardi, two brothers who own and control two companies that are involved in the processing, packaging, and transportation of fresh produce,...

snip

Both companies are located in Sidney, Ohio, a city in west-central Ohio located about 40 miles north of Dayton. The owners, who are Catholic, contend that the HHS mandate requiring coverage for contraception, sterilization, and abortion-inducing drugs – violates their religious beliefs.

The D.C. Circuit Court of Appeals — the second most influential bench in the land behind the Supreme Court — ruled in favor of the brothers. Requiring companies to cover their employees’ contraception, the court ruled, is unduly burdensome for business owners who oppose birth control and abortion on religious grounds.


20 posted on 11/01/2013 11:41:53 AM PDT by Whenifhow
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To: vette6387
Intelligent African Americans see the easy access to birth control and abortion for what it is. It's genocide and it's destroying what's left of the moral fiber of black youth. Blacks are also losing out for job opportunites because of the invasion of the US.

Blacks are being replaced by hispanics. The problem is that RINOs don't give them a vision to trust. Conservatives can.

21 posted on 11/01/2013 11:48:28 AM PDT by grania
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To: dennisw

One of my favorites
http://www.freerepublic.com/focus/f-news/1510443/posts

Fifty Ways to Lose Your Freedom (Janice Rogers Brown Speech to Institute for Justice)


22 posted on 11/01/2013 11:52:45 AM PDT by griswold3 (Post-Christian America is living on borrowed moral heritage)
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To: JPG

He Pres, you POS, we have just what you need to take away the pain!


23 posted on 11/01/2013 12:28:53 PM PDT by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: grania

“Blacks are being replaced by hispanics.”

As a life-long CA resident, I can tell you that Blacks were behind the discontinuance of the Bracero Program here after WWII (actually it went into the ‘60’s as I recall). The Bracero Program was a “guest worker” system which allowed Mexicans to legally come here to work in agriculture so long as they went home to Mexico periodically. The Blacks were pitching that these “guest workers” were taking jobs that they wanted. And they were successful in getting the program terminated. But the Blacks never took those jobs, my guess, because it’s damned hard, back breaking work! Somehow the Black’s who in the past, worked in farm labor in the South, were no longer interested in the West!


24 posted on 11/01/2013 12:29:54 PM PDT by vette6387
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To: GonzoII

This is good news.


25 posted on 11/01/2013 12:46:30 PM PDT by WayneS (No problem is so great that it cannot be made worse by Barack Obama promising to solve it.)
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To: tflabo

His turn-around on this looks exactly like the typical Democrat blackmail behavior. I’m not saying that’s what happened, but it fits the mold.


26 posted on 11/01/2013 1:05:54 PM PDT by Jeff Chandler (Obamacare: You can't make an omelette without breaking a few eggs.)
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To: vette6387

I still have my Allen West bumper sticker on my vehicle


27 posted on 11/01/2013 3:39:48 PM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: livius
Janice Rogers Brown would have made a great Supreme Court Justice

100x better than Justice pumpkin head Roberts (compromised)

28 posted on 11/01/2013 3:43:18 PM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: dennisw

Yes. I thought she had a chance because she was both black and female (in addition to being brilliant), but if the person in question is not a Dem, then they’re not “really” black or female.

Look at poor Justice Thomas, who has been excluded by the black staff from speaking at predominantly black high schools - despite the fact that he grew up in poverty in Georgia, son of a single mother with substance abuse problems and raised by his grandparents during the time of segregation. He went to Catholic school and the nuns made him keep working and he did and we see the results now. But, according to the Dems, he’s not a good role model for the hoodie crowd.


29 posted on 11/01/2013 3:55:19 PM PDT by livius
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To: livius
Look at poor Justice Thomas, who has been excluded by the black staff from speaking at predominantly black high schools - despite the fact that he grew up in poverty in Georgia, son of a single mother with substance abuse problems and raised by his grandparents during the time of segregation. He went to Catholic school and the nuns made him keep working and he did and we see the results now. But, according to the Dems, he’s not a good role model for the hoodie crowd.

Of all the things that tick me off about liberals, this is at the top of my list.

30 posted on 11/01/2013 3:56:36 PM PDT by dfwgator
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To: vette6387

I think the bracero program was really destroyed by the labor unions. But one of the problems with blacks is that they are easily used by unions or virtually anybody who wants to use them by playing to their grudges.

We have plenty of jobs for strong young people in Florida that require nothing but trustworthiness, both in showing up and behaving decently on the job, and the ability to follow orders. Who has these jobs? Mostly immigrants, whether legal or illegal (this includes lots of Latin Americans and some Bosnians) because the young black people don’t learn enough in school to get a better job but on the other hand consider manual labor beneath them. Mexicans don’t; they just want to make money and move on.


31 posted on 11/01/2013 4:00:51 PM PDT by livius
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To: tflabo

A casual question whispered to him asking about his adopted kids will guarantee the dread pirate Roberts will follow obamatollah’s orders.


32 posted on 11/01/2013 4:03:53 PM PDT by newfreep (Breitbart sent me...)
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