Skip to comments.Federal judge (in Oklahoma) deals another blow to ObamaCare contraceptive mandate
Posted on 12/22/2013 3:33:34 AM PST by Zakeet
A federal judge granted an injunction this weekend that prevents the government from enforcing the ObamaCare mandate requiring religious groups across the country to provide insurance that includes access to the morning-after pill and other contraceptives.
The preliminary injunction, issued in an Oklahoma City federal court, is based on a class-action lawsuit filed in October by 187 ministries.
The court order Friday came just days before ObamaCare coverage begins January 1, which could have resulted in the ministries facing thousands of dollars a day in tax penalties.
(Excerpt) Read more at foxnews.com ...
We're not worried cause we've got plenty of money and jackboots which we can use to convince John Roberts see things our way!
Yes It’s starting to look like this will all be settled at the Supreme Court.
This should have been done months ago.
The Patient Protection and Affordable Care Act of 2010, or “Obamacare”, is as full of holes as Swiss cheese, and those voids threaten to grow into black holes, consuming all the other structure not only of health care delivery systems, but expanding far beyond that to just about every aspect of life it touches.
Fear of Obamacare and its effects, and the regulations that have been generated supposedly in support of its provisions, have thrown a damper on economic life and the conduct of business everywhere, with an artificial division of “small” (less than 50 employees) and “large” employers. Small business will not grow and expand, because of this threshold that would throw them into a much more costly mandate that they provide “health insurance” to all their employees regardless of other considerations, and “large” employers would find the more costly schemes a significant drag on their productivity and flexibility. The persistent and intractable problems with participation of able-bodied individuals in the work force, and the growing costs of providing basic support for these no-longer-, under-, or never-employed individuals are an increasing burden on the treasuries of both the various state and the Federal governments. The demands of Obamacare only exacerbates the problems of less than full employment.
Cost containment, or higher taxes? Cost containment includes paying the providers of medical services far less than they may need to adequately deliver the services, AND the “recommendation” that some forms of health services NOT be delivered, based on some criteria in “Quality Adjusted Remaining Years”, essentially a death panel.
And higher taxes on WHAT? Shrinking economic activity is directly related to shrinking revenue, increasing the RATE at which goods or services are taxed only succeeds in reducing the volume and kinds of goods and services offered.
A simple lesson in economics, but will the Current Regime take notice and respond appropriately? Not only NO, but HELL, NO! Their minds are made up, don’t confuse them with facts.
“This should have been done months ago.”
Courts typically react. They generally don’t act before somebody is “injured.” An injured party brings suit for the “result” of injury. That’s just the way the system works.
You might get an injunction if the city was going to tear down your house by presenting a prima fascia case that the city had no right to tear down your house. But my impression is this would be atypical of the way the system operates.
For example: Why are some people EXEMPTED from having to pay the "tax" because they're UNION members while those who are NOT in Unions have to pay it?
There's about 15 other examples contained in Obamacare that violate Equal Protection.
This is the damndest law ever written, where certain can change it daily to suit their purpose.
It’s an outrage and Nancy Pelosi and those who pushed this on us should all be removed from office for passing it.
To think that over half of Americans were so stupid as to trust the government to act in their best interests without citizen oversight-heck, they didn’t even care if their representatives knew what was in the bill, much less themselves.
Well, now we all get to find out the hard way (except for the corrupt, lying evil slicksters who exempted themselves while picking our pockets and further eroding our freedom).
Actually, I still really think they knew full well that it would be a mess, and they already know where they plan to go in the name of “fixing” it.
Then we need a new system. This one hasn’t worked for generations.
Where are the "desperate" millions Boobamba said were "crying" for universal healthcare? The ones he said the system didn't work for? Why aren't the desperate millions signing up?
UNIVERSAL MY AUNT TILLY More people have lost healthcare than have signed up for it.
We can only conclude this America-hating Boob does not see himself as president of a thriving America----in his Chicago- polluted mindset, he represents the ne'er do wells, slackers, layabeds, dumbos, ignoramuses, gutter snipes, bums and pan- handlers.....and a handful of deserving people who slipped through the cracks.
The only conclusion is that this vengeful Boob is deliberately punishing hard-working Americans b/c they worked hard and have healthcare THAT THEY LIKE:
(1) he deliberately upended the healthcare system leaving millions unprotected,
(2) he nationalized 1/6 of the US economy,
(3) he spent billions of tax dollars for nothing, spending good money after bad, and,
(4) he imposed multiple travesties on doctors, hospitals, insurers, health providers, and hard-working taxpayers.
I know where you’re going. What struck me was the lack of concern from the insurance sector. With the 20% guarantee their lobbyists brought home they didn’t need actuarial science to tell them they got a huge ongoing payday at the expense of the taxpayer.
They won’t go willingly to the slaughter especially once their pet congress critters are made aware of the potential job losses. While we didn’t hear a peep out of them over ACA, the development you’re thinking about has the makings of a SHTF catastrophe for a well entrenched industry.
Obama’s incompetence and cronyism has created a debacle that opened a lot of peoples’ eyes. With the exception of the plantation Blacks, Obama has hurt Democrat support. His last minute gutting of ACA was a desperate move to try to limit Democrat losses in 2014.
“Then we need a new system. This one hasnt worked for generations.”
It’s reactive because the law makers enact and the judges decide whether their actions fit the framer’s intent; the constitutions. Historically, you can’t make that decision until you see how the law works in actuality. Hence the concept of “standing.”
The reason it’s not working is that judges have become activists and are legislating form the bench. That’s the problem that needs addressing.
OBAMA/CARE IS A SOCIAL JUSTICE LOTTERY......and eminently prosecutable under those terms.
ANLYSIS Obama called Americans' cancelled health plans "substandard". Ergo, a good lawyer would construct his legal arguments around the fact that Obama means Americans must buy plans HE likes---plans he specifically designed to serve his social equity and income redistribution goals......
......same as a state lottery redistributes income to education, etc.....to achieve socially beneficial goals......
In Obama's calculated view, "some" Americans must now pay first-class fares for coach seats so that "hand-picked" Americans can pay less, and receive extra benefits.
O/Care induces every American into paying into the program. "Some" people win subsidies, tax breaks, deferments, exemptions, etc, while others are losers---excluded from these benefits.
Obama picking winner and losers raises legal questions that Obamacare is an illegal lottery. By picking winners and losers.....a court might decide O/Care is an illegal lottery.
REFERENCE (I'm sure the law books have better examples): The following is an example of a Federal Statute defining Lottery:
According to 12 USCS § 25a, lottery" includes any arrangement whereby three or more persons (the "participants") advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the "winners") will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes--
(A) a random selection;
(B) a game, race, or contest; or
(C) any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner. (SOURCE uslegal.com/lotteries)
But he’s going to “redistribute” property from the productive to the non-productive if he destroys the ‘rat party, the economy, and all America to do it. The ‘rat party has served its purpose for his goals, and can now join everyone else under the bus.
And I think the GOPe decided to help divide the spoils.
I believe you are right.
The Government is planning on taking over the whole Health care industry in this country.
Excellent point I’ve been meaning to make a long time! Thanks
Even the concept of standing is broken. As far as the courts are concerned, not a single American has standing regarding Obama’s eligibility.