Contents tagged with HHS
Filed in: ObamaCare | by Edward White | 2:16 PM May. 23, 2013
ACLJ Presents Oral Argument in Korte HHS Mandate Appeal
Yesterday, May 22nd, I had the privilege to present oral argument before the United States Court of Appeals for the Seventh Circuit, based in Chicago, on behalf of our clients in Korte v. U.S. Department of Health & Human Services. Korte is one of the seven lawsuits the American Center for Law & Justice (“ACLJ”) has filed challenging the HHS Mandate. The Mandate requires many employers to arrange and pay for employee health insurance that covers contraceptives, abortion-ind... Continue Reading
Filed in: ObamaCare | by Geoffrey Surtees | 2:39 PM Apr. 22, 2013
ACLJ Mandate Scorecard: 7-0 in Preliminary Injunction Wins
Just over one year ago, the ACLJ filed the first lawsuit against the HHS Mandate on behalf of a for-profit employer, Frank O’Brien and O’Brien Industrial Holdings. As you know, the Mandate requires many employers to provide coverage of abortion-inducing drugs, contraception, sterilization, and related education and counseling in their employee health plans, with no religious exemption or accommodation for business owners who believe that providing such coverage is immoral. Last Nove... Continue Reading
Filed in: ObamaCare | by Francis J. Manion | 10:38 AM Apr. 9, 2013
How about a “Do Over” for the HHS Mandate?
Judging by critics’ reactions to the Obama Administration’s latest tweaking of the HHS Mandate, you have to wonder whether the bureaucrats who created the mandate wish they could go back and start over again. To begin with, the Notice of Proposed Rulemaking (NPRM) issued on February 1, 2013, makes no attempt to address the objections of for-profit business owners. So far, for-profit employers, relying on the Ted Kennedy-sponsored 1993 Religious Freedom Restoration Act, have been succ... Continue Reading
Filed in: ObamaCare | by Edward White | 10:16 PM Mar. 29, 2013
ACLJ Obtains Fifth Injunction Against HHS Mandate
We received wonderful news late this afternoon that the United States Court of Appeals for the District of Columbia Circuit had granted an injunction in favor of our clients, Frank and Phil Gilardi and their two companies, preventing application of the HHS Mandate against them until their appeal is fully resolved. The Mandate was set to apply on April 1st, when the companies’ health plans were to be renewed. The Gilardis, who are brothers, own Freshway Foods and Freshway Logistics. These ... Continue Reading
Filed in: ObamaCare | by Francis J. Manion | 2:41 PM Mar. 20, 2013
Federal Court Blocks Implementation of HHS Mandate for Illinois Law Firm
A federal district court judge in Chicago today granted our motion for a preliminary injunction - blocking enforcement of the HHS mandate for an Illinois law firm that we represent. U.S. District Court Judge Ronald A. Guzman granted our request for a preliminary injunction today in the case of Lindsay and Lindsay, Rappaport & Postel LLC v. U.S. Department of Health and Human Services. We filed the lawsuit last month on behalf of William C. Lindsay who owns the controlling interest in Plain... Continue Reading
Filed in: ObamaCare | by Edward White | 12:26 PM Mar. 18, 2013
ACLJ Continues Its Efforts Against the HHS Mandate In the Gilardi and Korte Appeals
This past week, the American Center for Law & Justice ("ACLJ") filed appellate briefs in two of our six lawsuits challenging the HHS Mandate: the Gilardi appeal and the Korte appeal. The Gilardi Appeal On March 12, 2013, we filed a reply brief in the United States Court of Appeals for the District of Columbia Circuit in support of our emergency motion for an injunction pending appeal in Gilardi v. United States Department of Health & Human Services. In that case, we represent Frank an... Continue Reading
Filed in: ObamaCare | by Francis J. Manion | 3:52 PM Feb. 7, 2013
Standing Firm Against ObamaCare’s HHS Mandate
The U.S. Conference of Catholic Bishops' statement today responding to the Administration's latest proposal to amend the HHS mandate confirms the concerns many of us have been expressing since the proposal was announced last week. The bishops point out that the proposal: (1) continues to treat religiously-affiliated organizations such as schools, hospitals, soup kitchens and homeless shelters as "second-class citizens" instead of as integral parts of a church's religious mission; (2) fails to ... Continue Reading
Filed in: ObamaCare | by Jay Sekulow | 10:00 AM Jan. 9, 2013
HHS Fines for Challenging Mandate? Not So Fast
We are on the front lines when it comes to challenging the HHS mandate which requires employers to provide health insurance for employees that include paying for abortion-producing drugs - or face still penalties including significant fines. To date, we have secured injunctions – putting the mandate on hold - for three clients – all businesses - whose owners believe the mandate violates their religious beliefs. But there are a few legal challenges where the decision has gone the ot... Continue Reading
Filed in: ObamaCare | by Geoffrey Surtees | 2:36 PM Jun. 28, 2012
The Fight Against the HHS Mandate Moves Forward
As reported and described here and here, the Supreme Court today upheld the constitutionality of the Affordable Care Act and the Individual Mandate, the provision under Obamacare requiring millions of Americans to purchase and indefinitely maintain health insurance or face annual penalties. Much commentary is sure to follow regarding the many consequences and implications of today’s decision, but one thing needs to be made abundantly clear: though the challenges to the Individual Mandate ... Continue Reading
Filed in: ObamaCare | by CeCe Heil | 5:54 PM Jun. 19, 2012
Obama's Abortion Pill Mandate, Public Comments Filed
In February of this year, the ACLJ sent a letter to Health and Human Services (HHS) Secretary Kathleen Sebelius, calling her attention to the heavy burden placed on religious exercise by the federal contraception mandate. In response to our letter, HHS informed the ACLJ that it would be accepting public comments from interested parties on how the federal government can properly exempt religious-objectors from the onerous requirements of the federal mandate. Today, the ACLJ has submitted a publi... Continue Reading