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.
One of those friend-of-the-court briefs was filed this past summer in support of the Roman Catholic Diocese of Fort Worth.
Soon after the Diocese filed its lawsuit, the federal government asked the trial court to dismiss the case, claiming the Diocese was not currently being injured by the Mandate.
We filed a friend-of-the-court brief, along with 79 Members of Congress, opposing the government’s motion.
We argued that the trial court should deny the government’s motion and allow the case to proceed to a final resolution on the merits of the Diocese’s claims against the Mandate.
We explained that the Diocese is being injured now by the Mandate because it must rearrange its fiscal affairs to prepare to pay significant annual penalties if it does not comply with the Mandate.
Yesterday, January 31, the trial court denied the government’s motion.
The court noted that “a prompt ruling on the merits of the Diocese’s claims should add clarity to the constitutional issues presented by the Mandate . . . [whereas] a decision to withhold consideration of the Mandate would likely result in hardship to the Diocese, given that the Diocese must now decide whether to (a) implement substantial changes to its group health plans to achieve compliance with the Mandate or (b) budget for the imposition of significant fines for non-compliance.”
We are pleased that this case will continue to a final resolution on the merits of the Diocese’s claims. We are hopeful that the trial court will determine that the Mandate violates the constitutional and statutory rights of the Diocese.
Such a ruling would prevent the Diocese from having to face the choice of complying with the Mandate (and thereby violating its Catholic beliefs) or paying significant annual penalties to the government (in order to stay true to its Catholic beliefs).
We will continue to keep you posted on our efforts to invalidate the HHS mandate.
On President Trump’s first day in office, the ACLJ has already achieved a significant victory as the President adopts a key ACLJ recommendation aimed at bringing down pro-abortion ObamaCare. As one of his first acts, President Trump issued an Executive order directing the Secretary of Health and...
The Affordable Care Act (ObamaCare) was enacted with great fanfare and unrivaled deception in 2010 as part of a duplicitous plan to destroy America’s private health care system as we know it. The Speaker of the House at the time, Nancy Pelosi, infamously said in March 2010 that, “we have to pass...
Promising to bring costs down and increase access on the one hand, and enacted with enormous fanfare and unequaled deception on the other, the Patient Protection and Affordable Care Act (also known as Obamacare) became law in 2010. This law was perhaps the most ambitious social legislation in...
One of Justice Scalia’s most memorable moments came in a compelling dissent to one of the recent ObamaCare cases. He cut through the majority opinion’s ambiguous, contorted, and complex legal justification for upholding the “SCOTUScare” exchanges in just two words: “ Pure applesauce. ” Pondering...