Skip to comments.A Federal Court Ruled Against the Contraceptive Mandate. Here’s What Happens Next.
Posted on 07/30/2012 9:25:35 AM PDT by marshmallow
The U.S. District Court for Colorado on Friday blocked the Obama administration from requiring an air-conditioning company in Colorado to provide no co-pay contraceptives to its employees, as the Affordable Care Act directs.
It was, as Sam Baker points out, the first time a federal court has ruled against that provision of the health-care law.
Its not yet, however, exactly a victory for the contraceptive mandates opponents: The injunction is specific to that one company, and it holds only until the judge can reach a verdict on the cases merits. Still, it could mark the start of a long period of litigation involving one of the health-care laws most polarizing provisions.
Hercules v. Sebelius is a case brought by Hercules Industries, a Colorado-based air-conditioning company. The four siblings who own the business say they oppose contraceptives such medications are not included in their current health coverage plan and seek to run Hercules in a manner that reflects their sincerely-held religious beliefs.
The health-care laws required coverage of contraceptives without co-pay is slated to come into effect next week, on Aug. 1. Religious institutions that primarily serve individuals of their own faith got a one-year reprieve. Hercules, as an air-conditioning company, did not fall into that category.
Hercules is challenging the birth control mandate as a First Amendment violation, inhibiting its ability to practice religion freely. The company also argues that the mandate violates the Religious Freedom Restoration Act, or RFRA, a law from the 1990s that is meant to afford greater legal protection to religious institutions from federal requirements that substantially burden their ability to practice religion.
(Excerpt) Read more at washingtonpost.com ...
A glimmer of hope for religious freedom?
What Happens Next?
It gets to the Supreme Court where John Roberts votes with the Libs to uphold it, citing the Smoot-Hawley Tariff Act and precedents from Martian Law.
Like all of Orwell's work, to the far left, Animal Farm is not a warning, it's a cook book.
ok so muslim-owned businesses, muslim individuals, muslim anything is actually blanket waivered from parts or all of 0bamacare???
Sure. The crowd that voted for Perot got us Gingsburg and people staying home and not even fighting for McCain got us the two folks King Barry appointed, but it's all about Roberts.
If the democrat fascists hadn't had almost uninterrupted control of Congress for the past eighty years people wouldn't be so stupid that they assume four of the nine seats are going to go to anti-Constitution democrat fascists and then have duck fits over one of the others.
Appointments to the court haven't been important enough to Conservatives to keep democrat thugs from controlling Congress so whining about anything the Court decides is just plain stupid. The makeup of the court is based entirely on who worked the hardest to get their guys elected in order to select and approve Justices.
Roberts is exactly right about at least one thing, the Court isn't supposed to protect the population from those they elect to Congress. Any way you cut it the problem originated in Congress even more than with King Barry.
On this, because it is a private company, I believe Roberts would go with the conservatives.
Then watch everyone eat all their words about Roberts!
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