Posts Tagged Obamacare

HHS mandate: court rules against Catholic business owners

7 March 2013

7 March 2013 Anno Domini
Posted at Stop HHS Mandate

A US district judge in the District of Columbia has refused to halt the implementation of the HHS mandate against Freshway Foods and Freshway Logistics, two businesses owned by Francis and Philip Gilardi.

The brothers do not wish to provide health insurance that covers contraception, sterilization, and abortion-inducing drugs, and have excluded such coverage from their company insurance policies for the past decade.

“The Court finds that the Freshway Corporations are not the alter egos of the Gilardis for the limited purpose of asserting the Gilardis’ religious beliefs,” ruled Judge Emmet Sullivan, a Clinton appointee. “The Gilardis remain free to personally oppose contraception and, indeed, even the regulations that are the subject of this lawsuit. Accordingly, the Court finds that the regulations do not impose a substantial burden on the Gilardis’ exercise of religion.”


“Ruling Strikes Body Blow to Obamacare” via Hugh Hewitt

1 August 2012

Commentary on Catholic business’ injunction victory against the HHS mandate, as Aug. 1 marks the initial implementation of the controversial federal ruling.

by HUGH HEWITT 08/01/2012

Friday afternoon, aka the “Friday News Dump,” is the time when folks in the United States release news they don’t want anyone to notice.

This is a time-honored tradition inside the Beltway, when agencies under siege and beleaguered politicians announce their mea culpas or publish their email trails.

It is rare for courts to play politics with the release of their decisions and opinions, and there is no reason to think that U.S. District Court Judge John Kane of Colorado intended to bury the result of Newland v. Sebelius July 27.

However, because of the timing, many people missed it.

Certainly those in the mainstream media missed it — or simply wanted to ignore it.

For Kane’s 18-page opinion is a body blow to the Obamacare regulations requiring Catholic employers, hospitals and schools to violate their consciences by providing health-insurance coverage to their employees that pays for sterilization, birth control and “morning after” pills.

The plaintiffs in Newland are the owners of Hercules Industries Inc., a maker and distributor of heating, ventilation and air conditioning (HVAC) products and equipment. They are siblings, and they are Catholic to the core.

And while they have long provided generous health benefits to their employees, the Newland family did not want to pay for abortifacients or any other procedure or drug condemned by the Church as an instrument of evil.

With the help of the superb lawyers from the Alliance Defending Freedom (formerly the Alliance Defense Fund), the Newlands sought relief from President Barack Obama’s mandate, citing both the protections of the Religious Freedom Restoration Act and the Free Exercise Clause of the First Amendment of the 1993 U.S. Constitution.

Judge Kane granted their request for relief, finding that, despite the high hurdle required by a motion for a preliminary injunction, the Newlands had cleared that hurdle.

The judge didn’t have to rule on the constitutional issue. His analysis of the federal statute left him with an obvious ruling: “The balance of the equities tips strongly in favor of injunctive relief in this case.”

“Freedom of conscience has won an important victory,” Mitt Romney declared in a statement after the judge issued his ruling. “Today’s injunction preventing the federal government from forcing one family business from having to choose between keeping its doors open and violating its faith is a step in the right direction.”

“But it is only a step, not the end of the struggle,” Romney continued. “We must ensure that the same freedom to live according to one’s faith is available to all Americans.”

“If I am elected president, I will never cease fighting for freedom of conscience as it is guaranteed under the First Amendment,” Romney concluded, and, with that commitment, the campaign of 2012 added another issue of enormous importance to the nation’s Catholics to the table.

Obama is defending the Health and Human Services regulations. Romney is committed to their repeal. And private-sector employers now have a map on how to take action to prevent the government from making them choose between their faith and compliance with the law.

In the aftermath of the Supreme Court’s decision on Obamacare, many Catholics were disappointed, even distraught. Even on the day of that decision, however, many were pointing to a silver lining: The federal courts would have to deal with the religious-freedom claims triggered by Obamacare now that the law in its entirety wasn’t struck down.

Courts would have to weigh the merits of the claims of Catholics and other religious institutions. (Wheaton and Geneva Colleges and Colorado Christian University have joined the lawsuits challenging the HHS regulations.) Opinions would issue from the circuit courts, and, hopefully, the Supreme Court then would confront the issue of how far the state could intrude upon rights of conscience. Those decisions would, many of us believed, uphold this country’s tradition of a robust protection for religious faith.

The first of those decisions is in, and it is all that we could have hoped for. That Judge Kane issued a permanent injunction even before a trial on the merits is very significant because it means that the issue wasn’t even close.

The HHS regulations, despite Obama’s strong defense of them, are clearly illegal in the opinion of this judge, and his opinion is so tightly reasoned that other courts are sure to give it great weight in considering their own challenges.

It is true that media missed the story and that the “Friday News Dump” obscured this most-important turn of events. But tell your friends and family: Help is on the way.

What is vitally necessary now is for other private employers to step forward and present their facts to courts.

The Newlands have shown the way and are to be thanked for their courage. Lawyers from the Alliance Defending Freedom or other groups like the Becket Fund (which is representing the Register’s parent company, EWTN) will evaluate any case that any private employer may want to press to free themselves from Obamacare’s imposition on their genuine religious beliefs.

If you are a company president or owner who doesn’t want to pay for the morning-after pill in the health insurance you are in the process of buying or will soon have to buy, contact one of these legal-defense organizations and ask for help.

If you aren’t in a position like the Newlands, nevertheless, you have a role to play — and that is to ask your elected officials what they are doing about these new rules in the aftermath of this case.

Call their offices and ask for a response. Demand clarity.

Enforce accountability via your vote and your contribution.

This is a time for choosing, and all voters have a right to know if their representatives and senators are going to choose religious freedom or loyalty to the president and his ill-conceived attack on the First Amendment on behalf of the abortion-rights absolutists.


Hugh Hewitt is an American radio talk-show host. He teaches law at Chapman University School of Law in Orange, California

Source: National Catholic Register


Wake Up America and Smell the AGENDA!

14 May 2010


It's Over: Stupak Caves (from CMR)

21 March 2010

Well, that’s it. Stupak and the other fictional pro-life Democrats, using the cover of a worthless Executive Order, are voting for Health-care and federally funded abortion.

I am heartbroken. Heartbroken for the lives of children that will be lost. Heartbroken that my generation was unable to bequeath to our children the liberty we inherited. I am sorry. I am heartbroken and ashamed that I ever believed in Bart Stupak and the others.

May God have mercy on the United States.

Know these things.

There is no such thing as a pro-life Democrat. I don’t ever want to hear such nonsense again. They are the Party of Death, no exceptions.

This fight is not over.

Posted on CreativeMinorityReport.com by Patrick Archbold 21 March 2010 AD 4:10 pm


Breaking News:

20 March 2010

Health Care Bill Vote Tally estimated at YES -217 NO- 214 – 216 needed to pass…
Here at Always Catholic.com we want you to know the latest in info regarding this life-changing legislation. We call it that because the lives of the unborn as well as the elderly, disabled & hard working tax-paying Americans wlll be at stake. Sophia & Company offers a chance for every Roman Catholic in America to make sure that this is the time that we stand up for what is right.

One of our colleagues,manwithblackhat has just published Sunday Showdown: The Lowdown, a piece which looks at the issue from various angles. There is contained in the piece a copy of a letter from the Indianapolis Star from a Dr. Stephen E. Frazer. Take a few minutes, visit mwbh & then come back to Sophia & company to post a prayer on our prayer request page.

Mary has posted some petitions for prayer that fit the bill for tonight & tomorrow. Let us storm Heaven with prayer to save those whose lives will be tragically affected by this pro-death bill.

God Love You!
Sophia & Company


The Health Vote and the Constitution—II

The House can’t approve the Senate bill in the same legislation by which it approves changes to the Senate bill.
By MICHAEL W. MCCONNELL WSJ-March 20, 2010

In just a few days the House of Representatives is expected to act on two different pieces of legislation: the Senate version of the health-care bill (the one that contains the special deals, “Cadillac” insurance plan taxes, and abortion coverage) and an amendatory bill making changes in the Senate bill. The House will likely adopt a “self-executing” rule that “deems” passage of the amendatory bill as enactment of the Senate bill, without an actual vote on the latter.
This enables the House to enact the Senate bill while appearing only to approve changes to it. The underlying Senate bill would then go to the president for signature, and the amendatory bill would go to the Senate for consideration under reconciliation procedures (meaning no filibuster). …more

Poll Reveals 46% of Doctors Would Quit …

20 March 2010

Poll Reveals 46% of Doctors Would Quit if Pro-Abortion Health Care Bill Passed
by Steven Ertelt LifeNews.com EditorMarch 16, 2010

Washington, DC (LifeNews.com) — A new poll that should cause significant concerns for backers of the pro-abortion Senate health care bill finds nearly half the nation’s physicians would consider quitting if the bill becomes law. The survey, appearing in the New England Journal of Medicine, indicates 46 percent of doctors would consider leaving their practice.

The poll finds 46.3% of primary care physicians (family medicine and internal medicine) feel that the passing of a public option will either force them out of medicine or make them want to leave medicine.

Doctors also seem to understand the impact that will have as 72% of physicians feel that a public option would have a negative impact on physician supply, with 45% feeling it will “decline or worsen dramatically” and 27% predicting it will “decline or worsen somewhat.

The medical journal issued an editorial saying it didn’t think that many doctors would quit but did worry about the adverse impact.

“While a sudden loss of half of the nations physicians seems unlikely, a very dramatic decrease in the physician workforce could become a reality as an unexpected side effect of health reform,” it said.

Another 62.7% of physicians feel that health reform is needed but should be implemented in a more targeted, gradual way, as opposed to the sweeping overhaul that is in legislation. continue reading …


Statement By CMSWR

20 March 2010

Statement By CMSWR, which represents 10,000 women religious, affirms Bishops’ Opposition to Obamacare
By Staff Writer, Pewsitter.com

March 18, 2010 – In a March 15th statement, Cardinal Francis George, OMI, of Chicago, president of the United States Conference of Catholic Bishops, spoke on behalf of the United States Bishops in opposition to the Senate’s version of the health care legislation under consideration because of its expansion of abortion funding and its lack of adequate provision for conscience protection. Recent statements from groups like Network, the Catholic Health Association and the Leadership Conference of Women Religious (LCWR) directly oppose the Catholic Church’s position on critical issues of health care reform. continue reading …


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