ACLJ Secures Appeals Court Injunction to Halt Enforcement of HHS Mandate for IL Company | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

1356747755000

(Washington, DC) - The American Center for Law and Justice (ACLJ), a pro-life legal organization that focuses on constitutional law, achieved a significant victory today when a federal appeals court granted an emergency motion for an injunction putting the Department of Health and Human Services (HHS) mandate on hold – preventing it from being enforced against an Illinois business and its owners.

The ACLJ filed a federal lawsuit in October on behalf of Korte & Luitjohan Contractors, Inc. Earlier this month, a federal district court rejected a motion for an injunction to block the implementation of the mandate and the ACLJ immediately appealed the decision. Today, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit granted an emergency motion for an injunction – putting the mandate on hold just days before it was scheduled to be enforced.

“We’re extremely pleased that the appeals court blocked the implementation of this discriminatory mandate,” said Edward White, ACLJ Senior Counsel. “Our argument is clear: the HHS mandate unlawfully compels employers such as our clients to do the following: abandon their faith to comply with the law, or follow their faith and pay significant annual penalties to the federal government. This mandate violates the conscience rights of our clients, and we’re now looking forward to proceeding with our legal challenge.”

The ACLJ represents Korte & Luitjohan Contractors, Inc., a family owned, full-service construction contractor serving Central and Southern Illinois for over 50 years. The company is located in Highland, Illinois and has about 90 full time employees. The company provides a group health insurance plan for only its non-union employees, which number about 20. Cyril B. Korte and Jane E. Korte own a controlling interest in the company and contend the HHS mandate violates their Catholic faith. The mandate requires the company to purchase health insurance for employees that includes coverage for contraceptives, sterilization, and abortion-inducing drugs. It was scheduled to take effect on January 1, 2013.

The ACLJ has filed three direct legal challenges against the HHS mandate and more than a dozen amicus briefs backing other lawsuits challenging the mandate.

Just last week, a federal district court in Missouri granted an ACLJ request for an injunction – blocking the mandate from being enforced against a Missouri company. And, in November, a federal appeals court also stepped in and put a halt to the enforcement of the mandate against a St. Louis company.

Led by ACLJ Chief Counsel Jay Sekulow, the ACLJ is based in Washington, D.C.

Latest in
ObamaCare

ACLJ Files Brief Supporting Challenge to ObamaCare

By Laura Hernandez1557865863648

The American Center for Law and Justice (ACLJ) has filed an amicus brief in a suit brought by 16 states and two individual plaintiffs challenging the constitutionality of ObamaCare’s individual mandate. As you probably remember, the individual mandate required millions of Americans to buy and...

read more

IRS Paid Billions In Bogus ObamaCare Credits

By ACLJ.org1519243200000

Loopholes in President Obama’s signature legislative achievement have defrauded American taxpayers $3.5 Billion dollars in excess ObamaCare credits, and they can’t get it back. Reports indicate that the IRS paid a total of nearly $24 billion in ObamaCare subsidies in 2017. Of that figure, $5.8...

read more

Ending the ObamaCare Individual Mandate

By Harry G. Hutchison1510850681175

Last year shortly after the election, the ACLJ issued its Agenda for the Future . We urged the incoming administration to immediately repeal and replace ObamaCare with a focus on the advancement of a patient-centered, consumer-driven program that emphasizes choice and competition . Today, we renew...

read more

The President’s Executive Order on Healthcare

By ACLJ.org1507904666276

President Trump just signed an Executive Order “to Promote Healthcare Choice and Competition.” This Executive Order allows small businesses to unite to purchase healthcare across state lines and avoid portions of ObamaCare’s onerous mandates and failing healthcare markets. The President has...

read more