Search  |  Login  |  Register

HHS Mandate Fight Moves Forward

By Geoffrey Surtees1340920249000

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 are now over, the legal challenges to the HHS Mandate are not. The constitutionality of the HHS Mandate -- the federal regulation requiring employers with more than 50 employees to include abortion-inducing drugs, contraception, and sterilization in their health insurance plans -- was not at issue in today’s decision and so was not briefed or argued, much less decided.

Consequently, the numerous lawsuits challenging the HHS mandate, including the ACLJ case on behalf of a Catholic business owner in St. Louis, Missouri, will now move forward with even greater strength and resolve. These cases, pending in federal courts across the country, will be decided at the district court level, appealed to the circuit courts of appeal, and then eventually submitted to the Supreme Court for final review.

The fight for freedom of conscience is one that cannot be abandoned. The Founding Fathers committed their lives and honor to the preservation of religious freedom and we should be willing to do the same. In an eloquent letter to the United Baptists in Virginia in 1789, George Washington wrote that if the government ever acted to render individual conscience “insecure” he would fight be the first to fight against it:

If I could have entertained the slightest apprehension that the Constitution framed in the Convention, where I had the honor to preside, might possibly endanger the religious rights of any ecclesiastical Society, certainly I would never have placed my signature to it; and if I could now conceive that the general Government might ever be so administered as to render the liberty of conscience insecure, I beg you will be persuaded that no one would be more zealous than myself to establish effectual barriers against the horrors of spiritual tyranny, and every species of religious persecution.

The fight against the Individual Mandate is finished, but the fight against the HHS Mandate is well underway. The ACLJ will continue to move forward on this front to ensure that we ultimately prevail -- for conscience, the Constitution, and our country.

Latest in
ObamaCare

ACLJ Opposes New HHS Mandate Regs

By Geoffrey Surtees1413905016065

Today, the American Center for Law & Justice filed formal comments in objection to the administration’s latest efforts to see to it that both non-profit and for-profit groups continue to kowtow to the HHS Mandate. (The HHS Mandate, adopted pursuant to Obamacare, is that collection of rules and...

read more

Efforts Against Abortion Pill Mandate

By Edward White1412607468142

Litigation generally takes a long time before a case is finally resolved. Despite the Supreme Court’s Hobby Lobby decision this past summer, ruling that the HHS Mandate violates the religious exercise rights of for-profit businesses and their owners who oppose having to pay for abortion pill...

read more

Obama Repackages Abortion-Pill Mandate

By Matthew Clark1408738939000

The Obama Administration is not one to let a mere Supreme Court decision get in the way of its radical pro-abortion agenda. After losing major abortion-pill mandate litigation at the Supreme Court and then failing in an attempt to ram a new abortion-pill mandate through Congress (where it couldn’t...

read more

Another Win in HHS Mandate Litigation

By Edward White1407812800000

Over the past few years, the ACLJ has represented numerous businesses and their owners in seven lawsuits challenging the HHS Mandate, which requires businesses to include in their health plans coverage for contraception, sterilization, and abortion-inducing drugs in order to avoid crippling...

read more