Saturday, December 01, 2012

8th Circuit Blocks HHS Mandate- Appeal from ACLJ

Posted by CotoBlogzz

St. Louis, Mo.-  Nov 29, 2012 - The Federal Court of Appeals for the 8th Circuit in St. Louis last night agreed to block the implementation of the Department of Health and Human Services (HHS) Mandate against Catholic St. Louis-based businessman Frank O’Brien, while the American Center for Law and Justice (ACLJ) pursues its appeal of the lower court decision,” according to a message distributed  by 

The injunction from the U.S. Court of Appeals for the Eighth Circuit blocks the implementation of the mandate for O’Brien’s business. In October, a federal district judge had dismissed the lawsuit. O’Brien’s  business was the first private business to challenge the mandate

ACLJ is representing O’Brien and his  business O’Brien Industrial Holdings, LLC, which operates many businesses in ceramic materials exploration, mining and processing.

The ACLJ's  message goes on to say:
 “To be clear, this ruling only stops the enforcement of the mandate against Frank O'Brien's company. But the Court traditionally does not grant such a motion unless they believe we have a solid case, and have a reasonable change to win. 
This is a significant step considering that the ruling was made on behalf of a private business – not a religious organization. Of course religious organizations deserve protection from the mandate, but so does every American. We want religious freedom for everyone!
 I am emphasizing … that while Mr. O’Brien’s company is not a religious organization, he does not view his faith as something separate from his professional work. Christians do not check their faith at the church door on Sundays. We are called to live out our faith in everything we do.

The HHS mandate requires that most businesses with 50 or more employees provide the coverage as preventive care for women. Violators face fines of $100 per employee per day.

The federal mandate’s present religious exemption applies only to non-profit organizations that primarily serve and employ people of the same religion and have the inculcation of religious values as their primary purpose. The exemption is so narrow that it may not apply to Catholic non-profit employers like colleges, health care systems and charities.

While the Obama administration proposed a broader exemption in February, its details are not only  still unclear, but  President Obama’s re-election campaign attacked the Republican candidate Mitt Romney for supporting federal legislation that would secure a broader exemption.

Over 40 lawsuits have been filed against the HHS mandate, representing over 110 plaintiffs. Plaintiffs include Catholic dioceses, the University of Notre Dame and the EWTN Global Catholic Network as well as Protestant organizations like the Virginia-based Liberty University and the Bible publisher Tyndale House Publishers.

The ACLJ’s message concludes saying:  

Yesterday's decision by the U.S. Court of Appeals for the Eighth Circuit marks the highest court yet to issue an injunction against the HHS mandate. 
But now we enter the most important part of this legal challenge. Writing legal briefs for our appeal are now underway. This is where things get interesting. And challenging. And expensive. 
Your continued prayers and support are urgently needed. 


No comments: