DOJ to Colorado Family: Give Up Your Religion or Your Business

[Jroc]

The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

“Hercules Industries has ‘made no showing of a religious belief which requires that [it] engage in the [HVAC] business,” the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden.”

DOJ to Colorado Family: Give Up Your Religion or Your Business | CNSNews.com

 

[Remodeling Maidiac]

Obama has become a stain on our nation.

 

[GuyPinestra]

I see this going all the way to SCOTUS, with a restraining order against the implementation of this ruling until the case is decided.

 

[The T]

Tyranny has thier foot in the door.

 

[California Girl]

Oh, this should be interesting to watch. I do hope the media jump all over it.

 

[Remodeling Maidiac]

Tyranny has thier foot in the door.

Shit, he has his entire leg through the door. I wonder if Osama ever realized the long term grief he has caused our nation? Rights were slowly fading before his attack and now I have to admit the trickle has become a flow.

Very sad

 

[Annie]

They were granted an injunction, how long it will help?

Obamacare: US judge lets Catholic-owned firm cut contraception from coverage - CSMonitor.com

Obamacare: US judge lets Catholic-owned firm cut contraception from coverage

A federal judge issued an injunction after Catholic owners of a private company in Colorado argued that Obama's health-care reform violates their rights under the Religious Freedom Restoration Act and the First Amendment’s protection of religious freedom.
By Warren Richey, Staff writer / July 27, 2012

A federal judge on Friday issued a preliminary injunction that allows the Catholic owners of a private company in Colorado to avoid providing their female employees with contraceptives as required under President Obama’s health-care reform law.

The owners of the company, Hercules Industries, objected to the requirement under the Patient Protection and Affordable Care Act (ACA), saying it violated their sincerely held religious beliefs.

Company officials say they are striving to build their business around a corporate culture based on principles of the Roman Catholic Church. As such, their existing self-insured health plan does not include coverage for contraception or sterilization.

How much do you know about health-care reform? Take our quiz!

The health-care reform law, upheld last month by the US Supreme Court, would require them to provide such coverage or pay a penalty tax.

The owners went to court, arguing that the ACA violates their rights under the Religious Freedom Restoration Act and the First Amendment’s protection of religious freedom.

Government lawyers countered that if the court were to grant Hercules Industries a religious exemption, the government would face a flood of requests for similar exemptions from private companies. The action would undermine the public interest and Congress’s goal of improving the health of women across the country, they said.

US District Judge John Kane disagreed. “These interests are countered, and indeed outweighed, by the public interest in the free exercise of religion,” he said in an 18-page decision.

The action means that the company will not have to provide contraceptives under the mandated insurance coverage for as long as the federal court case is pending.

Judge Kane set the case for expedited action...

 

[Remodeling Maidiac]

Oh, this should be interesting to watch. I do hope the media jump all over it.

Don't count on it. Unless Fox beats the story to death the others won't even mention it.

 

[GoneBezerk]

Socialists have to squash religion for their system to work.

 

[C_Clayton_Jones]

The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

“Hercules Industries has ‘made no showing of a religious belief which requires that [it] engage in the [HVAC] business,” the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden.”

DOJ to Colorado Family: Give Up Your Religion or Your Business | CNSNews.com

Conservatives are tedious on a number of levels.

You start these idiotic threads with links to inaccurate ‘sources.’

...Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business...

As usual, the right-wing misquotes and spins went flying around the web. "The DOJ said..."; "Eric Holder said..."; etc.

There's just one problem. The DOJ didn't say that, Eric Holder didn't say that. Only the legal council for the Newlands did.

Here is what the DOJ actually said:

Note "Plaintiffs = The Newlands; "Defendants = DOJ etal; for ease if reading, I have edited out citations numbers, etc. They are available in the full DOJ Response here:

DOJ RESPONSE

INTRODUCTION -

Plaintiffs ask this Court to preliminarily enjoin regulations that are intended to ensure that women have access to health coverage, without cost-sharing, for certain preventive services that medical experts have deemed necessary for women’s health and well-being.

Plaintiffs’ challenge rests largely on the theory that a for-profit, secular corporation established to manufacture heating, ventilation, and air conditioning (“HVAC”) products can claim to exercise a religion and thereby avoid the reach of laws designed to regulate commercial activity.

This cannot be.

Indeed, the Supreme Court has recognized that, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” Nor can the owners of a for-profit, secular company eliminate the legal separation provided by the corporate form to impose their personal religious beliefs on the corporate entity’s employees. To hold otherwise would permit for-profit, secular companies and their owners to become laws unto themselves, claiming countless exemptions from an untold number of general commercial laws designed to improve the health and well-being of individual employees based on an infinite variety of alleged religious beliefs. Such a system would not only be unworkable, it would also cripple the government’s ability to solve national problems through laws of general application.

[E]ven if the preventive services coverage regulations were deemed to impose a substantial burden on any plaintiff’s religious exercise, the regulations would not violate RFRA because they are narrowly tailored to serve two compelling governmental interests: improving the health of women and children, and equalizing the provision of preventive care for women and men so that women who choose to do so can be a part of the workforce on an equal playing field with men.

Daily Kos: "CO Family: Give Up Your Religion or Your Business" - The DOJ Didn't Say That

How dare the DOJ follow Constitutional case law.

 

[Quantum Windbag]

The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

“Hercules Industries has ‘made no showing of a religious belief which requires that [it] engage in the [HVAC] business,” the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden.”

DOJ to Colorado Family: Give Up Your Religion or Your Business | CNSNews.com

Conservatives are tedious on a number of levels.

You start these idiotic threads with links to inaccurate ‘sources.’

...Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business...

As usual, the right-wing misquotes and spins went flying around the web. "The DOJ said..."; "Eric Holder said..."; etc.

There's just one problem. The DOJ didn't say that, Eric Holder didn't say that. Only the legal council for the Newlands did.

Here is what the DOJ actually said:

Note "Plaintiffs = The Newlands; "Defendants = DOJ etal; for ease if reading, I have edited out citations numbers, etc. They are available in the full DOJ Response here:

DOJ RESPONSE

INTRODUCTION -

Plaintiffs ask this Court to preliminarily enjoin regulations that are intended to ensure that women have access to health coverage, without cost-sharing, for certain preventive services that medical experts have deemed necessary for women’s health and well-being.

Plaintiffs’ challenge rests largely on the theory that a for-profit, secular corporation established to manufacture heating, ventilation, and air conditioning (“HVAC&#8221 products can claim to exercise a religion and thereby avoid the reach of laws designed to regulate commercial activity.

This cannot be.

Indeed, the Supreme Court has recognized that, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” Nor can the owners of a for-profit, secular company eliminate the legal separation provided by the corporate form to impose their personal religious beliefs on the corporate entity’s employees. To hold otherwise would permit for-profit, secular companies and their owners to become laws unto themselves, claiming countless exemptions from an untold number of general commercial laws designed to improve the health and well-being of individual employees based on an infinite variety of alleged religious beliefs. Such a system would not only be unworkable, it would also cripple the government’s ability to solve national problems through laws of general application.

[E]ven if the preventive services coverage regulations were deemed to impose a substantial burden on any plaintiff’s religious exercise, the regulations would not violate RFRA because they are narrowly tailored to serve two compelling governmental interests: improving the health of women and children, and equalizing the provision of preventive care for women and men so that women who choose to do so can be a part of the workforce on an equal playing field with men.

Daily Kos: "CO Family: Give Up Your Religion or Your Business" - The DOJ Didn't Say That

How dare the DOJ follow Constitutional case law.

Great spin.

Let us parse what the DOJ said.

Plaintiffs’ challenge rests largely on the theory that a for-profit, secular corporation established to manufacture heating, ventilation, and air conditioning (“HVAC&#8221 products can claim to exercise a religion and thereby avoid the reach of laws designed to regulate commercial activity.

This cannot be.

What does that mean? What if the government suddenly declares that, in order to regulate commerce, a Muslim shop owner has to sell bacon? Would that be a constitutional exercise of Congress's ability to regulate commerce?

 

[hortysir]

From Clayton's quote:
** Such a system would not only be unworkable, it would also cripple the government’s ability to solve national problems through laws of general application. **

Heaven forbid we should limit government

 

[Jroc]

DOJ to Colorado Family: Give Up Your Religion or Your Business | CNSNews.com

Conservatives are tedious on a number of levels.

You start these idiotic threads with links to inaccurate ‘sources.’

How dare the DOJ follow Constitutional case law.

Great spin.

Let us parse what the DOJ said.

Plaintiffs’ challenge rests largely on the theory that a for-profit, secular corporation established to manufacture heating, ventilation, and air conditioning (“HVAC”) products can claim to exercise a religion and thereby avoid the reach of laws designed to regulate commercial activity.

This cannot be.

What does that mean? Does it mean that, if the government suddenly declares that, in order to regulate commerce, a Muslim shop owner has to sell bacon? Would that be a constitutional exercise of Congress's ability to regulate commerce?

For some reason these libs think Holder is going to come right out and say it. Just shows how ignorant they are and how they don't realize how tyranny comes about, slowly and with the ignorant watching and approving

 

[Jackson]

If this appears before the SCOTUS again, everyone will eagerly await Robert's decision and analyze the hell out of it! He's better be more careful this time.

 

[Jroc]

If this appears before the SCOTUS again, everyone will eagerly await Robert's decision and analyze the hell out of it! He's better be more careful this time.

Oh he was careful last time, he carefully figured out how to make Obamacare constitutional

 

[WillowTree]

Oh, this should be interesting to watch. I do hope the media jump all over it.

Don't count on it. Unless Fox beats the story to death the others won't even mention it.

And if they do they'll attack the religion and call them old fat white christian extremists against poor little old asswipe obama.

 

[signelect]

This is one issue the gov need to stay out of. If you need contraceptives buy your own but don't make private business finance you fun time.

 

[CrazedScotsman]

The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

“Hercules Industries has ‘made no showing of a religious belief which requires that [it] engage in the [HVAC] business,” the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden.”

DOJ to Colorado Family: Give Up Your Religion or Your Business | CNSNews.com

Well, there you have it. It is now against the law to if you want life, liberty and the pursuit of happiness.

The damage is done though. Voting out these people won't do a thing. Repealing the health care bill won't do a thing. The law has been found constitutional and the SCOTUS says the government can force an individual to buy a product. The only way to fix it is an amendment to the United States Constitution or another civil war.

 

[The T]

Oh, this should be interesting to watch. I do hope the media jump all over it.

Don't count on it. Unless Fox beats the story to death the others won't even mention it.

And if they do they'll attack the religion and call them old fat white christian extremists against poor little old asswipe obama.

"Bitter Clingers"...

 

[Jroc]

The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

“Hercules Industries has ‘made no showing of a religious belief which requires that [it] engage in the [HVAC] business,” the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department’s argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden.”

DOJ to Colorado Family: Give Up Your Religion or Your Business | CNSNews.com

Well, there you have it. It is now against the law to if you want life, liberty and the pursuit of happiness.

The damage is done though. Voting out these people won't do a thing. Repealing the health care bill won't do a thing. The law has been found constitutional and the SCOTUS says the government can force an individual to buy a product. The only way to fix it is an amendment to the United States Constitution or another civil war.

Yes it will, the next president will probably have two Supreme court appointments. Vote and pray that it will not be Obama appointing them