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Breaking: Does the new religious exemption go far enough? [HHS blocked for EWTN]
SCOTUSblog.com ^ | June 30th, 2014 2:00 pm | Lyle Denniston

Posted on 06/30/2014 12:44:28 PM PDT by topher

Opinion analysis: Does the new religious exemption go far enough? (UPDATED)

UPDATE 2:14 p.m. Acting swiftly in the wake of the Court’s ruling on Monday, and relying directly upon that decision, the Eleventh U.S. Circuit Court of Appeals on Monday blocked all enforcement of the mandate against an Alabama Catholic TV network, a non-profit entity. The concurring opinion of the Court of Appeals, written by Circuit Judge William H. Pryor, Jr., argued that the accommodation, discussed in the following post, is itself likely to be struck down.

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


TOPICS: Front Page News; Government; News/Current Events; US: Alabama
KEYWORDS: abortion; alabama; contraception; ewtn; hhsmandate; hobbylobbydecision; obamacare; prolife; scotus
Eleventh US Circuit Court of Appeals blocks enforcement of Obamacare Mandate...
1 posted on 06/30/2014 12:44:29 PM PDT by topher
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To: topher

This is big. There a number of these suits out there by other organizations (Little Sisters of the Poor)


2 posted on 06/30/2014 12:47:07 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher
I am not sure if the opinion by the Eleventh Circuit Court of Appeals has appeared elsewhere or not...
3 posted on 06/30/2014 12:47:51 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher

Of course it doesn’t go far enough! But it opens the door. Now time to strike down laws forcing companies to serve deviants


4 posted on 06/30/2014 12:48:35 PM PDT by Viennacon (Rebuke the Repuke!)
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To: topher
There is a link here for the Eleventh Circuit Court of Appeals Decision:

http://sblog.s3.amazonaws.com/wp-content/uploads/2014/06/11th-CA-on-Hobby-Lobby-sequel.pdf

Hard Link only since PDF...

5 posted on 06/30/2014 12:50:48 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher
There is this article on this from an organization I have never heard of...

11th Circuit grants injunction in EWTN’s HHS Mandate suit

6 posted on 06/30/2014 12:53:06 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: Viennacon

“Now time to strike down laws forcing companies to serve deviants”

It’s more about the definition of DEVIANT ... they will reference the redefining of IS !


7 posted on 06/30/2014 12:53:19 PM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: topher

Also, Belmont Abbey College.


8 posted on 06/30/2014 12:58:29 PM PDT by I-ambush (Don't let it bring you down, it's only castles burning)
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To: topher

Not yet far enough to reopen some of the Christian Owned Cake Shops without “celebrating all manner of diversity”, but we’re getting close.


9 posted on 06/30/2014 1:00:09 PM PDT by lee martell
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To: I-ambush
Also, it should help:

Priests for Life (NYC)

Human Life International (Virginia)

American Life League (DC area, I think)

Most courts HAVE TO FOLLOW what the 11th circuit has ruled, so this should give IMMEDIATE relief to them...

10 posted on 06/30/2014 1:07:12 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher

“Most courts HAVE TO FOLLOW what the 11th circuit has ruled, so this should give IMMEDIATE relief to them... “

Eh, not really. One fed court is not bound by rulings of another fed court. The Supremes will choose to accept a case if there are conflicting rulings in the feds, for example, to clarify the law for all. The ruling of one fed court is not precedential for another fed court, but may be considered persuasive.


11 posted on 06/30/2014 1:26:29 PM PDT by SgtHooper (This is not my tag!)
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To: topher
The 11th Circuit granted the injunction because SCOTUS said today in Burwell v. Hobby Lobby that the government failed to prove that the HHS mandate was the least restrictive means of burdening a person's exercise of religion.

So at least one judge believes EWTN is likely to succeed on the merits. They do have a very interesting case because they already qualify for a religious exemption to the HHS mandate. Their issue is that by claiming the exemption, they trigger contraception coverage anyway when their benefits provider is then authorized to provide the coverage itself and seek reimbursement from the gov't.

12 posted on 06/30/2014 1:58:47 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: topher

Actually, no, they don’t.

Decisions of a federal court of appeals must be followed by all of the district courts located within that circuit. District courts outside that circuit, however, are not bound by such decisions. Further, one district court does not have to follow the rulings of any other district court. A court is bound only by the decisions of higher courts that have direct jurisdiction over it.


13 posted on 06/30/2014 2:03:15 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan
I may be wrong, but isn't this a precedent for other courts???

[I am quite ignorant about these affairs, as you can tell...]

14 posted on 06/30/2014 2:27:58 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: BuckeyeTexan

I forgot about how their provider must provide these benefits if it is ruled they do not have to... I remember reading that...


15 posted on 06/30/2014 2:29:29 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher

No, it isn’t. See the paragraph about precedent in my post above.


16 posted on 06/30/2014 2:30:36 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: SgtHooper

Noted. I guess we will have to wait for these other cases to have either go to the Supreme Court, or have one case decide them all...


17 posted on 06/30/2014 2:30:40 PM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: topher; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

18 posted on 06/30/2014 2:32:07 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: topher

Typically, these cases may take years to percolate to the Supremes; however, recent actions by this treasonous admin and similarly corrupt lower court judges seem to be a catalyst to accelerate these cases to SCOTUS. We can only hope! :-)


19 posted on 06/30/2014 7:07:18 PM PDT by SgtHooper (This is not my tag!)
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To: Viennacon

While they are pursuing the lawsuit against Obamacare, EWTN does not have to pay the enormous fines for not providing abortion and abortafacients.


20 posted on 06/30/2014 7:57:34 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: topher; BuckeyeTexan

It is not a binding precedence. It could influence other courts as “persuasive precedent”.


21 posted on 06/30/2014 8:05:17 PM PDT by Mr Rogers
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