Appeals court issues injunction against HHS mandate

Quantum Windbag

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May 9, 2010
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Another step in the right direction.

federal appeals court has issued an order temporarily blocking implementation of the contraception mandate of the federal health care law for a Missouri business owner. A three-judge panel of the 8th U.S. Circuit Court of Appeals granted a preliminary injunction Wednesday on behalf of Frank O'Brien and his company, O'Brien Industrial Holdings LLC of St. Louis.
At least three dozen suits have been filed around the country challenging the requirement that workplace health plans cover birth control. O'Brien, a devout Catholic, claimed in his suit that the requirement infringes on his religious beliefs.
U.S. District Judge Carol Jackson dismissed the suit in September, but the appeals court panel halted implementation for O'Brien's business pending outcome of appeals of Jackson's ruling. The one-sentence appeals panel ruling did not offer an explanation for the 2-1 decision.
"The order sends a message that the religious beliefs of employers like Frank O'Brien must be respected by the government," said O'Brien's attorney, Francis Manion of the American Center for Law and Justice, an anti-abortion legal organization based in Washington. "We have argued from the beginning that employers like Frank O'Brien must be able to operate their business in a manner consistent with their moral values, not the values of the government."

Appeals court panel temporarily blocks contraception mandate for Missouri business
 
Well, you know how I feel about it. As bad as I think the ACA is for the country, handing out exemptions for favored groups is worse still. If they can use the violation of religious freedom to yank the whole law, fine. If they instead use it merely to leverage ad hoc exemptions, it's a loss for everyone who cares about individual rights, rule of law or equal protection.
 

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