Contents tagged with mandate
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 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 Edward White | 10:31 AM Feb. 11, 2013
ACLJ Seeks Injunction in Fourth HHS Mandate Case
My ACLJ colleagues and I have filed a motion for a preliminary injunction in Gilardi v. U.S. Department of Health & Human Services, which is the fourth lawsuit the ACLJ has filed against the HHS Mandate. The Mandate requires most employers, under pain of penalty, to pay for employee health insurance that covers contraceptives, abortion-inducing drugs, sterilization procedures, and related education and counseling. In this case, we represent two brothers, Francis and Philip Gilardi, and thei... 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 Edward White | 12:46 PM Feb. 1, 2013
Court Allows Catholic Diocese’s Lawsuit to Proceed Against the HHS Mandate
There are now forty-four lawsuits challenging the HHS Mandate, which requires most employers, under pain of penalty, to pay for employee health insurance that covers contraceptives, abortion-inducing drugs, sterilization, and related education and counseling. The American Center for Law & Justice is involved in close to half of those cases: to date we have filed four lawsuits against the Mandate and have filed friend-of-the-court briefs in support of the plaintiffs in thirteen other cases. ... 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