Contents tagged with HHS mandate
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 Edward White | 1:06 PM Apr. 30, 2013
ACLJ Files Opening Brief in the Gilardi HHS Mandate Appeal
The American Center for Law & Justice has filed its opening brief in Gilardi v. U.S. Department of Health & Human Services, an appeal pending in the United States Court of Appeals for the District of Columbia Circuit. We represent Frank and Phil Gilardi and their two companies, Freshway Foods and Freshway Logistics. The Gilardis are Catholic, and they run their companies pursuant to their faith. In keeping with their Catholic faith, the Gilardis have ensured for the past decade that th... 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 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 Edward White | 2:20 PM Mar. 8, 2013
“Pro-Choice” Obama Administration’s HHS Mandate Offers No Choice For Religious Objectors
The American Center for Law & Justice ("ACLJ") represents Frank and Phil Gilardi and their two companies, Freshway Foods and Freshway Logistics. These Ohio-based companies, which process, pack, and deliver fresh produce to twenty-three states, have about 400 full-time employees. Frank and Phil Gilardi are Catholics, and they run their companies in accordance with their faith. They treat their customers and employees well and donate to various charities. To express their religious views abo... Continue Reading
Filed in: ObamaCare | by Edward White | 11:58 AM Feb. 25, 2013
ACLJ Continues Work Supporting Challenges to the HHS Mandate
The HHS Mandate requires many employers, despite any religious objections they may have, to arrange and pay for employee health insurance coverage for contraceptives, abortion-inducing drugs, sterilization procedures, and related education and counseling. The American Center for Law & Justice ("ACLJ") represents the plaintiffs in five separate lawsuits challenging the application of the Mandate to businesses and business owners that object to the Mandate's requirements on religious grounds.... Continue Reading
Filed in: ObamaCare | by David French | 12:06 PM Feb. 19, 2013
The Private Corporation as Public Agency
As my ACLJ colleagues prepare to file their next round of briefs in the HHS mandate cases, I’ve been struck once again at how many Obamacare supporters are just aghast that a for-profit company would dare to assert its own rights against a federal regulation. In speeches and other public events, I’ve been pressed again and again: “Of course the government can regulate for-profits. If you win your cases, what’s next? A right to use child labor? A right to operate an unsafe... Continue Reading
Filed in: ObamaCare | by Edward White | 4:14 PM Feb. 15, 2013
ACLJ Files Briefs Supporting Two HHS Mandate Appeals
The American Center for Law & Justice (“ACLJ”) has filed “friend-of-the-court” briefs in support of HHS Mandate challenges filed by the plaintiffs in the following two appeals: Autocam Corp. v. Sebelius (United States Court of Appeals for the Sixth Circuit) and Hobby Lobby Stores v. Sebelius (United States Court of Appeals for the Tenth Circuit). In both of those cases, the plaintiffs were denied injunctive relief to prevent them from having to comply with the Mandat... Continue Reading