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Whither Obamacare’s Contraception Mandate Now?
American Spectator ^ | November 4, 2013 | David Catron

Posted on 11/04/2013 3:58:24 AM PST by Cincinatus' Wife

Last Friday, capping off a week filled with disturbing revelations of bureaucratic incompetence and presidential mendacity concerning Obamacare, the D.C. Circuit Court of Appeals struck down the “reform” law’s notorious contraception mandate. On behalf of the majority, Judge Janice Rogers Brown wrote that the mandate would force the plaintiffs in Gilardi v. HHS to choose between bankruptcy and violating their religious beliefs: “They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong.”

This, the court ruled, violates the constitutional rights of plaintiffs Francis and Philip Gilardi. The Gilardi brothers own Freshway Foods as well as Freshway logistics and provide health insurance for their 400 employees through a third-party administrator. They also oppose contraception, sterilization, and abortion. Thus, Freshway’s employee health plan excludes coverage of products and services related to those practices. Believing that the contraception mandate violates their rights under the Religious Freedom Restoration Act (RFRA) and the Free Exercise clause of the First Amendment, the Gilardis filed a lawsuit against the government last January.

Gilardi v. HHS eventually wound its way through our labyrinthine judicial system to the D.C. appeals court, which not only confirmed that an American retains his religious liberty even if he runs a for-profit business, but also exposed the essential absurdity of the government’s legal argument. As Judge Brown wrote, “A parade of horribles will descend upon us, the government exclaims, if religious beliefs could serve as a private veto for the contraceptive mandate. Hyperbole aside, we note it was Congress, and not the courts, that allowed for an individual’s religious conscience to prevail over substantially burdensome federal regulation.”.....

(Excerpt) Read more at spectator.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government
KEYWORDS: aca; janicebrown; mandate; obamacare

1 posted on 11/04/2013 3:58:24 AM PST by Cincinatus' Wife
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To: All
Big Government aka O-Bey-Me wants conformity NOT "diversity," COMPLIANCE not freedom and "social justice" to trump the U.S. Constitution.

They twist words and meanings to gain control.

2 posted on 11/04/2013 4:07:56 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife
No problem-----Obama plans to replace the contraception mandate AND lure in young enrollees w/ two new medical mandates:

<><> (1) Orgasmic conditioning---"gynecologists will see an uptick of young patients," said serial fornicator, Sandra Fluck---ObamaCare's Government Orgasm Advisor.

<><> (2) Vaginal rejuvenations----Obamacare is employing surgeons board certified in vaginal rejuvenations (aka "The Wrigley Procedure"--- doubles the pleasure, doubles the fun--lasts longer, too). "

Sandra Fluck warned: "There's a teeny tiny chance that the unthinkable could happen when a vagina is rejuvenated (lined w/ guar gum). So doctors board certified in castration and penile extraction techniques are on-call 24/7----and Obamacare covers all procedures."

3 posted on 11/04/2013 4:18:00 AM PST by Liz
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To: Cincinatus' Wife
...pay a penalty of over $14 million...

FYI, that's $14.6 million a year, not just a one-time penalty.

4 posted on 11/04/2013 4:25:28 AM PST by BlessedBeGod (Democrats are Cruz'n for a Bruisin' in 2016.)
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To: Cincinatus' Wife

Thanks be to God for The Gilardi brothers and Freshway Foods / Freshway Logistics for their victory against tyrany! Thank you Gilardi brothers for we the people needed such a victory. Let this embolden us to unite again under the banner of morality and defeat those behind these efforts to destroy what God had established in a free and just and moral society.


5 posted on 11/04/2013 4:26:26 AM PST by Repent and Believe (Promote good. Tolerate the harmless. Let evil be crushed.)
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To: Cincinatus' Wife

This is funny….obamacare unraveling for many reasons, one being that in a pay off to every constituency of their cabal on the left, the regulations contradict themselves and the rights of others at every turn.

The pro aborts just couldn’t resist…they had to get their pound of flesh out of Obamacare too….now it may be one of the main threads that unravels the leftist utopian dream……I love irony!!!


6 posted on 11/04/2013 4:54:07 AM PST by C. Edmund Wright (Tokyo Rove is more than a name, it's a GREAT WEBSITE)
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To: Cincinatus' Wife

This absolutely correct because any individual can shop the exchanges therefore they technically do not have to have employer health care insurance.


7 posted on 11/04/2013 5:25:50 AM PST by Jumper
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To: Cincinatus' Wife

Obama got what he needed from this in last year’s election. He doesn’t care about it anymore.


8 posted on 11/04/2013 5:52:22 AM PST by sickoflibs (To GOP : Any path to US Citizenship IS putting them ahead in line. Stop lying about your position)
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To: Cincinatus' Wife
The kenyan has implemented nonexistent provisions of the law and ignored ơr delayed others when he has not the power to do those things according to the law and to the COnstitution, What makes anything think he gives a happy damn about what some judge says? He is governing by fiat NOW.
9 posted on 11/04/2013 6:06:27 AM PST by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: Cincinatus' Wife

They got the Julia/Sandra Fluke vote in 2012.
That’s what they really cared about.


10 posted on 11/04/2013 6:32:24 AM PST by Buckeye McFrog
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To: Cincinatus' Wife

One thing I’ve not heard anyone point out about the contraceptive-coverage mandate is that it is an actuarial absurdity: the purchase of contraception is not a contingency, but a choice. Providing insurance coverage for contraception is like providing insurance coverage to cover monthly internet access fees: the main effect of mandating it, from a purely actuarial view point, is to put the premium for the insurance up by the average cost of the good or service being covered plus the a pro rata share of the administrative costs for paying the claims for the good or service (since once it’s marginally free to the user they will most likely buy it). Since the extra cost will ultimately come out of the employee’s pay package, and will on average be more than the cost of purchasing contraception directly due to administrative costs of paying claims, the mandate is economically harmful to its purported beneficiaries.

On this analysis, it is clear that the *sole* purpose of the contraceptive mandate was to poke a pointy stick in the eye of the Latin church.

Of course given that it’s leftists we’re dealing with, it’s also possible that they both wanted to poke a stick in the eye of the Latin church and are too stupid to understand the analysis I just gave and thus thought they were helping people buy contraceptives.


11 posted on 11/04/2013 6:52:45 AM PST by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know...)
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