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Latest Challenge to HHS Mandate Rejected by Federal Court: A Sign of What’s to Come?
Crisis Magazine ^ | 10/10/12 | Kenneth D. Whitehead

Posted on 10/11/2012 7:26:37 AM PDT by marshmallow

The recent decision by a federal court in Missouri to reject one of the lawsuits challenging the Department of Health and Human Services (HHS) “Obamacare” mandate, requires near universal carrying of insurance plans that cover, gratis, contraception, sterilization, and abortion-inducing drugs raises troubling questions about how the courts generally are going to rule on the numerous other lawsuits currently filed against this misbegotten HHS mandate. Catholics and other opponents of the mandate believe it to be a grave violation of religious liberty, both under the First Amendment and under the Religious Freedom Restoration Act, but this recent Missouri decision judges it to be no violation at all on either count.

A for-profit, non-religious company, O’Brien’s Industries Holdings (OIH), had sued claiming that complying with the mandate would violate owner Frank O’Brien’s ability to operate the company in accordance with his religious convictions and practice; not complying would subject his company to ruinous fines that would have a crippling effect on the company’s ability to survive economically.

Federal Judge Carol E. Jackson, however, rejected this lawsuit in its entirety, ruling that the company did not qualify for the (very narrow) exemption for some religious employers and holding that the mandate does not constitute the “substantial burden” on anyone’s religious freedom that the Religious Freedom Restoration Act specifies.

With regard to the question of whether the mandate violates the First Amendment’s guarantee of the free exercise of religion, Judge Jackson averred that the HHS regulation is an entirely “neutral” instance of insuring women’s access to “healthcare,” and the First Amendment, in her view, does not exempt anybody from complying with neutral laws of general applicability. (Actually, in issuing the mandate, HHS simply defined by regulation, without any underlying legislative authority to do so, that the objectionable birth prevention procedures–contraception, sterilization, and abortifacients–somehow....

(Excerpt) Read more at crisismagazine.com ...


TOPICS: Catholic; Current Events; Moral Issues; Religion & Politics
KEYWORDS:

1 posted on 10/11/2012 7:26:39 AM PDT by marshmallow
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To: marshmallow

Breathtaking.

So, murdering gestate and neonatal infants is perceived by this female stalinist to be some kind of “women’s health care”, akin to mammograms.

The catholic and baptist hospitals will just go out of business.

Then they can be taken over by the government, which I believe is the underlying intent.


2 posted on 10/11/2012 7:32:26 AM PDT by Westbrook (Children do not divide your love, they multiply it.)
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To: Westbrook

Oh, and it will also put an end to parochial schools and denominational universities that cannot comply due to religious conscience. Liberty University, Pensacola Christian College, all seriously Catholic Universities, will have to compromise their faith to continue running these schools.

Real sweet for the collectivists.

We are being assimilated into the Collective. Resistance is futile.

The courts will not side with us, and even if a Republican Congress passes legislation negating or outlawing this mandate, the courts will overturn it.


3 posted on 10/11/2012 7:37:52 AM PDT by Westbrook (Children do not divide your love, they multiply it.)
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To: Westbrook

I wonder how many companies will choose from twice as many employees at half the hours or shutting down to avoid this.


4 posted on 10/11/2012 7:45:09 AM PDT by Ingtar (Everyone complains about the weather, but only Liberals try to legislate it.)
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To: Westbrook
even if a Republican Congress passes legislation negating or outlawing this mandate

If Romney wins, he will control HHS and can appoint a new Secretary. If (and that's a big "if") he were so inclined, could he not have the HHS mandate rescinded? I don't think it was written into the Affordable Care Act itself.

5 posted on 10/11/2012 7:54:53 AM PDT by Brian Kopp DPM (Sin Makes You Stupid.)
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To: Westbrook

HBU - Houston Baptist University is also filing suit against the HHS mandate for the same reason.


6 posted on 10/11/2012 7:56:37 AM PDT by RikaStrom ("To learn who rules over you, simply find out who you are not allowed to criticize." ~Voltaire)
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To: Westbrook
You said this on the other related thread, too.

I can understand discouragement, even cynicism. But what use is preemptive surrender?

"Resistance is futile" is the motto of the Borg.

OUR motto is

WHO IS LIKE GOD

7 posted on 10/11/2012 8:08:01 AM PDT by Mrs. Don-o
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To: Mrs. Don-o

Thats a really nice pic...


8 posted on 10/11/2012 8:13:55 AM PDT by Adder (No Mo BO)
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To: marshmallow

Not saying I agree with it BUT: you cannot object to paying income taxes on the grounds that your money is used to fight wars you object to or to fund this or that that you object to.

I would suggest that the only real way out is to repeal the law that gave HHS the framework to devise these regulation in the first place. Once that is gone, the court can’t uphold what is not there. The court COULD strike down so called conscience laws so long as this humongous mandate is in place. So the only thing to do is to repeal this travesty.

I was going to suggest that Catholic institutions simply forgo anything from the federal system and place themselves outside their jurisdiction and become self insured. But that won’t work, given the mandate.

FUBO! and the rest of your klown posse.


9 posted on 10/11/2012 8:20:00 AM PDT by Adder (No Mo BO)
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To: Westbrook
If what you say happens... happens... get ready for another civil war and the end of America as we know it.

LLS

10 posted on 10/11/2012 8:23:55 AM PDT by LibLieSlayer ("If it looks like you are not gonna make it you gotta get mean, I mean plumb mad-dog mean" J. Wales)
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To: marshmallow
I was thinking of writing about how wrong this ruling is but then thought why should I even care. these religious based institutions are reaping the whirlwind from their cozy relationship to the Government. All the piety about social justice foisted on the tax payers back wasn't a problem until now.
Why should I care when not one pro-abort politician has been excommunicated or even denounced as a heretic. If they don't like the ruling quit accepting tax payer money when it comes with strings attached.
11 posted on 10/11/2012 8:24:43 AM PDT by soupbone1
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To: Westbrook
Resistance is futile.

Resistance is not futile. Before long it's going to be measured in 12 gauge.
12 posted on 10/11/2012 8:35:02 AM PDT by jy8z (From the next to last exit before the end of the internet.)
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To: soupbone1

The HHS mandate has nothing to do with whether they accept taxpayer money or not. It’s not an “attached string”; it’s binding on every employer.


13 posted on 10/11/2012 9:20:58 AM PDT by Campion ("Social justice" begins in the womb)
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To: Mrs. Don-o; Westbrook

Mrs. Don-o - I agree!!! My tagline does, too.

Pre-emptive surrender and defeatism is all over the place. I am sure many of them are posted by trolls. I am NOT saying that you, Westbrook, are such a troll at all. But I do know that trolls like to trot out such “All is hopeless, nothing will ever work, we are doomed” nonsense.

Look what’s happening with the pro-life movement - abortuaries are shutting down here and there - increasingly so, and more people are pro-life. The Tide Has Turned! Due to hard work, determination and a “never give up” spirit! And of course God’s mercy. Wars are lost with pre-emptive surrender, each and every time.


14 posted on 10/11/2012 10:28:14 AM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: Campion

Why is this bound on every employer? Are they a private organization that does not have to follow the dictates of a government mandate?

Look the Catholic Hospitals loved when EMTALA was passed which shifted cost from the poor to everyone else. It allowed them to expand and grow as a charitable business on the back of the American taxpayer. Now they complain when the Government makes rules they don’t like. They should have never made a deal with the devil and then complain about the cost.


15 posted on 10/11/2012 10:35:35 AM PDT by soupbone1
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To: Mrs. Don-o

Indeed, dear sister.

But I’ve read the End of the Book, and this world is beginning to look more and more like the world in Rev 13.

Even so, come Lord Jesus!


16 posted on 10/11/2012 11:12:18 AM PDT by Westbrook (Children do not divide your love, they multiply it.)
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To: soupbone1
Soupbone, this HHS mandate has nothing to do with accepting or not accepting govt funding, nothing to do with EMTALA or any other piece of legislation, or any policy or program, religious or secular, other than the PPACA, otherwise known as Obamacare.

It is an insurance coverage mandate from the HHS, authorized by Obamacare, imposed on every employer with more than 50 employees. Did you get that?

17 posted on 10/11/2012 1:32:31 PM PDT by Mrs. Don-o
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To: Mrs. Don-o

Perhaps if you read this my position might be clear.

http://market-ticker.org/akcs-www?singlepost=2948777


18 posted on 10/11/2012 1:54:43 PM PDT by soupbone1
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To: soupbone1

That whole rant you linked has exactly nothing to do with the HHS mandate.


19 posted on 10/11/2012 2:19:26 PM PDT by Campion ("Social justice" begins in the womb)
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To: soupbone1
It's a good link and a good rant, for which I thank you, but it is not exactly on the nose. The HHS mandate affects every employer, and is religiously obnoxious to any employer that objects to (for instance) disabling healthy reproductive systems, injecting women with endocrine disruptors, or applying embryotoxins to destroy human beings at the dawn of their lives.

That would be private manufacturers like Hercules Industries in Colorado, Baptist colleges like Holston Baptist U. in Texas, etc. etc.

As you no doubt know.

Therefore, although the socialists in the USCCB and related church-related bureaucracies need a good whuppin', this idea that the Cathholic institutions ought to lay down and take it --- like every other employer ---- is perfectly false.

The real, and ongoing scandal, is that the Catholic hospitals, unoiversities, and charities, to a alrge extent, are indeed willing to do just that. "Take us! Make us! We love you, you big strong omnicompetent State!"

There's only --- what, I suppose less than 50 --- Catholic federal lawsuits on this. There should be hundreds and hundreds.

Because many have been too accommodating to the socialist Leviathan, you now insist that they ALL be TOTALLY accommodating, for the same of consistency?

And youw ant to mock those who DO resist?

Nonsense.

20 posted on 10/11/2012 2:24:11 PM PDT by Mrs. Don-o
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