Posted on 11/05/2013 5:08:05 AM PST by raptor22
First Amendment: A federal court has ruled that the ObamaCare contraception mandate violates the guarantee of free exercise of religion and forces some to choose between their religious conscience and bankruptcy.
The Supreme Court's decision in June 2012 that ObamaCare was constitutional because its fines for not complying with its mandates made the law a tax within Congress' authority to impose did not end the constitutional or court challenges to this attempt at redistribution of health and wealth.
On Friday, the D.C. Circuit Court of Appeals ruled in Gilardi v. HHS that ObamaCare's contraception mandate violates the constitutional rights of plaintiffs Francis and Philip Gilardi, two Catholic brothers who own Freshway Foods and Fresh Unlimited.
The two companies plus Freshway Logistics provide health insurance for their 400 employees through a third-party administrator. The court ruled that they face the choice of violating their religious beliefs in providing insurance to their employees or closing up shop.
In the belief ObamaCare's 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 in January.
The D.C. appeals court agreed with them. The mandate, according to Judge Janice Rogers, writing for a divided three-judge panel, "trammels the right of free exercise" and would force the plaintiffs 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," Rogers said.
(Excerpt) Read more at news.investors.com ...
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congress, particularly the GOP-E and especially the SCOTUS have been complicit in destroying The Constitution, but there are limits to what We The People will put up with.
It's refreshing to read anything regarding the law that incorporates that intangible morality that the enemy is always , more successfully than not, removing with too many words that say nothing more than NO to our Constitution, Freedom and Liberty
An attempt to cloud the person with a brain ??
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The Constitution protects the individual from the laws and regulations signed by a usurper. Once a mandate is imposed upon an individual, the individual can object in Federal Court to the laws and regulations imposed upon them by the usurper. The Bill of Rights protects the individual from will of the people if the people choose a usurper for President.
One thing that somebody else pointed out is that this law has no severability clause. A law usually has this clause, which essentially says that the invalidation of one part of it does not invalidate the whole law. So technically, by invalidating a part of it, she has invalidated the whole law or prevented it from being enforced until such time as the issue is resolved legally.
Unfortunately, there have been recent instances of a law without a severability clause being permitted to remain in effect even after a part of it has been invalidated, but I’m not sure this has been challenged.
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We’re living in a lawless time.
The rest of it will stay in effect without the severability clause,
because some judge knows better than the law.
Many of “We The People” are willing to ditch the Constitution in favor of any other federal hand out.
“Court: If You Like Your Constitution, You Can Keep It”
That is exactly what has happened to this great country.
30 years ago. Had you said that most everyone would have said it is a free country. GTFO
I actually think the supreme court is a lot to blame for the position we find ourselves in and they made political rulings not legal.
It is a way to constantly remind America about who he is that THEY UNDERSTAND.
Come on my Freeper Friends this is our chance to Cement this to Obama like Slick Willie's “I did not have sex with that woman”.
Spread this wealth early and often.
I'm going to keep it whether you like it or not.
Pray that the Tea Party and patriots in Virginia are on the march today.
I would love to see Janice Rogers named to the SCOTUS someday.
Janice Rogers Brown is a good one. She’d be outstanding on the SCOTUS. (But not with nobama in office, of course.)
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