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Court: If You Like Your Constitution, You Can Keep It
Investor's Business Daily ^ | November 5, 2013 | IBD EDITORIALS

Posted on 11/05/2013 5:08:05 AM PST by raptor22

First Amendment: A federal court has ruled that the ObamaCare contraception mandate violates the guarantee of free exercise of religion and forces some to choose between their religious conscience and bankruptcy.

The Supreme Court's decision in June 2012 that ObamaCare was constitutional because its fines for not complying with its mandates made the law a tax within Congress' authority to impose did not end the constitutional or court challenges to this attempt at redistribution of health and wealth.

On Friday, the D.C. Circuit Court of Appeals ruled in Gilardi v. HHS that ObamaCare's contraception mandate violates the constitutional rights of plaintiffs Francis and Philip Gilardi, two Catholic brothers who own Freshway Foods and Fresh Unlimited.

The two companies plus Freshway Logistics provide health insurance for their 400 employees through a third-party administrator. The court ruled that they face the choice of violating their religious beliefs in providing insurance to their employees or closing up shop.

In the belief ObamaCare's contraception mandate violates their rights under the Religious Freedom Restoration Act (RFRA) and the free exercise clause of the First Amendment, the Gilardis filed a lawsuit against the government in January.

The D.C. appeals court agreed with them. The mandate, according to Judge Janice Rogers, writing for a divided three-judge panel, "trammels the right of free exercise" and would force the plaintiffs to choose between bankruptcy and violating their religious beliefs.

"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," Rogers said.

(Excerpt) Read more at news.investors.com ...


TOPICS: Constitution/Conservatism; Editorial; Government
KEYWORDS: catholic; catholiccjurch; catholics; firstamendment; greeexercise; healthcare; hhs; hobbylobby; ibd; janicerogers; keepyourplan; obamacare; religiousfreedom; religiousliberty; sebelius; waronreligion
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1 posted on 11/05/2013 5:08:05 AM PST by raptor22
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To: Grampa Dave; granite; GreenFreeper; grjr21; I got the rope; IchBinEinBerliner; jaredt112; JayB; ...

IBD EDITORIAL PING


2 posted on 11/05/2013 5:10:27 AM PST by raptor22 (Visit my blog at True Conservatives on Twitter: http://t.co/IKpP3cwq)
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To: raptor22
Court: If You Like Your Constitution, You Can Keep It

congress, particularly the GOP-E and especially the SCOTUS have been complicit in destroying The Constitution, but there are limits to what We The People will put up with.

3 posted on 11/05/2013 5:10:55 AM PST by The Sons of Liberty (Who but a TYRANT shoves down another man's throat what he has exempted himself from?)
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To: raptor22
"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," Rogers said."

It's refreshing to read anything regarding the law that incorporates that intangible morality that the enemy is always , more successfully than not, removing with too many words that say nothing more than NO to our Constitution, Freedom and Liberty

4 posted on 11/05/2013 5:13:54 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: knarf; All
I can't find judge Janice Rogers, but I find Bush appointee Janice Rogers Brown.

An attempt to cloud the person with a brain ??

5 posted on 11/05/2013 5:16:56 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: Nachum; markomalley; Clairity; Carlucci; grey_whiskers; meyer; WL-law; Para-Ord.45; ...

IBD EDITORIAL PING


6 posted on 11/05/2013 5:19:46 AM PST by raptor22 (Visit my blog at True Conservatives on Twitter: http://t.co/IKpP3cwq)
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To: raptor22

The Constitution protects the individual from the laws and regulations signed by a usurper. Once a mandate is imposed upon an individual, the individual can object in Federal Court to the laws and regulations imposed upon them by the usurper. The Bill of Rights protects the individual from will of the people if the people choose a usurper for President.


7 posted on 11/05/2013 5:25:42 AM PST by SvenMagnussen (1983 ... the year Obama became a naturalized U.S. citizen.)
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To: knarf

One thing that somebody else pointed out is that this law has no severability clause. A law usually has this clause, which essentially says that the invalidation of one part of it does not invalidate the whole law. So technically, by invalidating a part of it, she has invalidated the whole law or prevented it from being enforced until such time as the issue is resolved legally.

Unfortunately, there have been recent instances of a law without a severability clause being permitted to remain in effect even after a part of it has been invalidated, but I’m not sure this has been challenged.


8 posted on 11/05/2013 5:27:20 AM PST by livius
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To: Still Thinking; StopGlobalWhining; Straight Vermonter; Tampa Caver; TChris; ...

IBD EDITORIAL PING


9 posted on 11/05/2013 5:30:35 AM PST by raptor22 (Visit my blog at True Conservatives on Twitter: http://t.co/IKpP3cwq)
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To: livius

We’re living in a lawless time.
The rest of it will stay in effect without the severability clause,

because some judge knows better than the law.


10 posted on 11/05/2013 5:33:33 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: The Sons of Liberty

Many of “We The People” are willing to ditch the Constitution in favor of any other federal hand out.


11 posted on 11/05/2013 5:34:53 AM PST by monocle
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To: monocle
Like many of my “brothers in arms”, I fought for this country and WILL NOT allow this once great nation to be drawn down to its knees by some off the wall politician or stuffed shirt judge(s). I will go down fighting (literally) if need be but will NEVER surrender to their plans. END OF STORY!
12 posted on 11/05/2013 5:41:35 AM PST by DaveA37
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To: All

“Court: If You Like Your Constitution, You Can Keep It”

That is exactly what has happened to this great country.

30 years ago. Had you said that most everyone would have said it is a free country. GTFO


13 posted on 11/05/2013 5:43:54 AM PST by Bailee
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To: The Sons of Liberty

I actually think the supreme court is a lot to blame for the position we find ourselves in and they made political rulings not legal.


14 posted on 11/05/2013 5:50:41 AM PST by edcoil (System now set up not to allow some to win but for no one to lose!)
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To: raptor22
Every of his LIES must be framed with this statement!

It is a way to constantly remind America about who he is that THEY UNDERSTAND.

Come on my Freeper Friends this is our chance to Cement this to Obama like Slick Willie's “I did not have sex with that woman”.

Spread this wealth early and often.

15 posted on 11/05/2013 5:57:20 AM PST by R0CK3T
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To: raptor22
Sorry, but a new slogan is needed.

I'm going to keep it whether you like it or not.

16 posted on 11/05/2013 6:03:51 AM PST by chris37 (Heartless.)
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To: raptor22

Pray that the Tea Party and patriots in Virginia are on the march today.


17 posted on 11/05/2013 6:19:10 AM PST by ExTexasRedhead
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To: raptor22

I would love to see Janice Rogers named to the SCOTUS someday.


18 posted on 11/05/2013 6:34:09 AM PST by barefoot_hiker
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To: raptor22
If you liked you country, you can keep your country.
19 posted on 11/05/2013 6:36:52 AM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: raptor22

Janice Rogers Brown is a good one. She’d be outstanding on the SCOTUS. (But not with nobama in office, of course.)


20 posted on 11/05/2013 6:42:06 AM PST by upchuck (I've got maternity care via Obamacare! Now, if I could just figure out how a male gets pregnant...)
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