Posts tagged with: HHS mandate

hosp3-e1380055370914“It was extremely unwise of Obama to take on the Little Sisters of the Poor,” says Robert P. George, “They are simply too strong an opponent. What was he thinking?”

Prof. George was commenting on the fact that on Friday the Little Sisters received a permanent injunction from the Supreme Court protecting them from the controversial HHS mandate while their case is before the Tenth Circuit Court of Appeals:

The injunction means that the Little Sisters will not be forced to sign and deliver the controversial government forms authorizing and instructing their benefits administrator to provide contraceptives, sterilization, and drugs and devices that may cause early abortions (see video). The Court’s order also provides protection to more than 400 other Catholic organizations that receive health benefits through the same Catholic benefits provider, Christian Brothers.

“We are delighted that the Supreme Court has issued this order protecting the Little Sisters,” said Mark Rienzi, Senior Counsel for the Becket Fund. “The government has lots of ways to deliver contraceptives to people–it doesn’t need to force nuns to participate.”

Read more . . .

University_of_Dallas1While the University of Notre Dame has decided to comply with the HHS mandate requiring employers to cover contraception, abortifacients and abortions in employee health insurance, the University of Dallas continues to fight the mandate.

The University of Dallas, a Catholic institution founded in 1910 by the Vincentian Fathers, received a preliminary injunction on January 2, 2014, that would relieve the university of the necessity to comply with the mandate. (more…)

Notre_Dame_Golden_Dome1Notre Dame University announced yesterday that it will comply with the HHS mandate requiring employers to include contraception, abortifacients and abortion coverage in health care packages for employees. The university made the announcement after a federal judge last week denied the university’s request for exemption of the Obama administration’s law. An emergency stay was also denied by the Seventh District Court of Appeals. Failure to comply with the law means the university would now have to pay fines of $100 per day for each employee.

The university decided to comply with the “accommodation” offered by the Obama administration:

Having been denied a stay, Notre Dame is advising employees that pursuant to the Affordable Care Act, our third party administrator is required to notify plan participants of coverage provided under its contraceptives payment program,” said Paul Browne, Notre Dame’s vice president for public affairs and communications, according to WNDU. “As part of an ongoing legal action, however, the program may be terminated once the university’s lawsuit on religious liberty grounds against the HHS mandate has worked its way through the courts.”

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catholics religionOn Monday, the Eastern District Court of New York State struck down a lower court’s decision that the Catholic Archdiocese of New York had to comply with the HHS mandate requiring all employers to provide artificial birth control, abortifacients and abortion coverage as part of employee health care. Here are 6 things you need to know about this decision.

  • There are a lot of cases out there against the HHS mandate. What makes this decision special?

This case is important…because it recognizes that even the act of having to claim the exemption is an unacceptable burden on religion…The Archdiocese of New York, and many other religious organizations, pointed out that the act of self-certifying is itself a violation of its religious beliefs and sued.

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contraceptive-mandateThe Supreme Court has agreed to hear a pair of cases that challenge the HHS mandate requiring many private companies to insure contraceptive and abortifacients. The Obama administration asked the high court to review the issue after a federal appeals court in Colorado found in favor of Hobby Lobby, an Oklahoma-based crafts franchise. The court will combine the Hobby Lobby case with lesser-known case involving Conestoga, a Pennsylvania company that lost earlier bids for relief from the mandate.

If you haven’t been following the controversy, here’s what you need to know about the mandate:

What is this contraception mandate everyone keeps talking about?

As part of the universal health insurance reform passed in 2010 (often referred to as “Obamacare”), all group health plans must now provide—at no cost to the recipient—certain “preventive services.” The list of services includes sterilization, contraceptives, and abortifacient drugs.

If this mandate is from 2010, why are we talking about it in 2013?

On January 20, 2012, the Obama Administration announced that that it would not expand the exemption for this mandate to include religious schools, colleges, hospitals, and charitable service organizations. Instead, the Administration merely extended the deadline for religious groups who do not already fall within the existing narrow exemption so that they will have one more year to comply or drop health care insurance coverage for their employees altogether and incur a hefty fine

Is there a religious exemption from the mandate? If so, who qualifies for the exemption?
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usccb 2The United States Conference of Catholic Bishops (USCCB) has issued a “special letter” regarding the Obama administration’s HHS mandate. The USCCB, meeting this month in Baltimore, passed the letter unanimously.

Calling the HHS mandate “coercive,” the bishops state that they have tried to work with the current administration, to no avail.

Beginning in March 2012, in United for Religious Freedom, we identified three basic problems with the HHS mandate: it establishes a false architecture of religious liberty that excludes our ministries and so reduces freedom of religion to freedom of worship; it compels our ministries to participate in providing employees with abortifacient drugs and devices, sterilization, and contraception, which violates our deeply-held beliefs; and it compels our faithful people in business to act against our teachings, failing to provide them any exemption at all. (more…)

The Thomas More Society stated today in a press release that they are working with Catholic Vote Defense League in a fight to seek “constitutional protection of religious freedom.” Specifically, they have filed a cert petition with the Supreme Court for the case, Autocam Vs. Sebelius. They are petitioning

the U.S. Supreme Court to review and reverse the Sixth Circuit U.S. Court of Appeals’ recent decision, denying the claims of Autocam, an international automotive manufacturer, and its owners, that Obamacare’s so-called “HHS mandate” abridges their federal constitutional and statutory rights to the free exercise of their religious faith as well as other  legal rights. John Kennedy, CEO of Michigan-based family-owned company, Autocam, joined the company as well as its other family owners to urge the Justices to rule that the government has no right to require that Autocam purchase group insurance coverage, providing its employees with morally objectionable contraceptives, including abortifacients (e.g., the so-called abortion pill, Plan B, and “Ella”), and sterilization.

See the press release here. The official petition to the Supreme Court states that  “The Religious Freedom Restoration Act cannot mean one thing in one part of the United States and something entirely different in another. This Court’s attention is required to sort out the important legal questions HHS Mandate under RFRA.”

Read the case here. See recent posts about Autocam and their case on the Powerblog.

2013-10-08T232005Z_1_CBRE9971STM00_RTROPTP_3_USA-FISCAL“Will the most fundamental liberty of all – freedom of conscience – survive in post-Obama America?” asks Terry Jeffrey at Townhall.com. He, along with many others,  is worried about the Obama Administration’s refusal to allow faithful Christians to live according to their conscience. He is particularly concerned about the Kennedy family, owners of Autocam, based in Kentwood, Mich. Last month, the U.S. Court of Appeals for the 6th Circuit ruled that the Kennedys may not sue the director of the Health and Human Services Department, Kathleen Sebelius, because “Autocam is not a ‘person’ capable of ‘religious exercise.’” President of Autocam and Autocam Medical and an Acton board member, John Kennedy told Jeffrey that he and his family “strive to live all parts of their lives – including their business lives – in keeping with their Catholic faith.” He said that:

We’re called into different occupations, but we are supposed to respond to that call and try to basically show the teachings of Jesus Christ in everything we do… You have an obligation to treat everyone justly, and, in my mind, you are supposed to treat all people that you come across in life as part of your family.

Jeffrey discussed the HHS Mandate with Kennedy:

When I interviewed John Kennedy this week, I asked him: “Can your family-owned company, in keeping with the way you have run it in accordance with your Catholic faith, obey that regulation?”

“No,” said Kennedy. “I can’t see how we can do that.” (more…)

Autocam, a West Michigan business owned by John Kennedy and his family, filed suit against the federal government in October, 2012. The suit is one of over 200 plaintiffs battling the HHS mandate requiring employers to cover costs for abortions and abortifacients in employee health insurance. Now, the Thomas More Society is petitioning the U.S. Supreme Court to hear Autocam’s case after the United States Court of Appeals for the Sixth Circuit dismissed the case brought by the Kennedy family and Autocam Corporation. A press release from the Thomas More Society stated:

We mean to take this case directly up to the U.S. Supreme Court, as the U.S. Courts of Appeal are now sharply divided on these critical issues,” said Tom Brejcha, president and chief counsel of the Thomas More Society, the national public interest law firm representing the plaintiffs in the lawsuit along with CatholicVote Legal Defense Fund. “The Religious Freedom Restoration Act was enacted in order to protect people of faith against government mandates that impose a substantial burden on believers’ efforts to freely exercise their religious convictions, unless the government has really compelling reasons for doing so, and even then only if the means used are the least restrictive and burdensome among possible alternatives. We hope the Supreme Court will agree to hear this case so that the Kennedys and other business owners who practice as well as profess their religious faith can keep on doing so without having to ‘bet the company’ and thereby risk their employees’ jobs as well as their own livelihood.”

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Blog author: ehilton
posted by on Wednesday, August 14, 2013

james madisonWhat do vegans, Catholics, and Starbucks have in common? According to attorney Mark Rienzi they all share the right to “decisions of conscience.”

Starbucks has ethical standards for the coffee beans it buys. Vegan stores refuse to sell animal products because they believe doing so is immoral. Some businesses refuse to invest in sweatshops or pornography companies or polluters,” Rienzi said in an Aug. 11 opinion essay for USA Today.

“You can agree or disagree with the decisions of these businesses, but they are manifestly acts of conscience, both for the companies and the people who operate them,” he said. “Our society is better because people and organizations remain free to have other values while earning a living.”
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