Death of a Thousand Cuts
ObamaCare takes its first torpedo —
A federal appeals court today issued an order granting a motion for a preliminary injunction that temporarily blocks the implementation of the HHS mandate against a Missouri business owner.
The decision is the first occasion on which a pro-life plaintiff has secured a legal victory against the HHS mandate at the federal appeals court level. Most of the dozens of cases against the HHS mandate are still at the federal district court level.
The order, issued by a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, puts the HHS mandate on hold pending the outcome of the appeals process, prohibits the Department of Health and Human Services (HHS) from requiring the business owner, who contends the mandate violates his constitutionally-protected religious beliefs, to comply with the mandate which requires employers to purchase health insurance for their employees that includes coverage for contraceptives, sterilization, and abortion-inducing drugs.
The American Center for Law and Justice (ACLJ), a pro-life legal organization that focuses on constitutional law, represents Frank R. O’Brien and O’Brien Industrial Holdings, LLC — a holding company based in St. Louis, Missouri, which operates a number of businesses that explore, mine, and process refractory and ceramic raw materials.
Its only the first one to hit the side of the ship. SCOTUS has already remanded another back to a lower court. There are three others winding their way thru the legal system. By the time they are done we might see that ObamaCare is like the Border Fence legislation — On the books and ignored.