Court renders 'farthest reaching' injunction

Thursday, November 1, 2012
 | 
Charlie Butts (OneNewsNow.com)

The federal government has lost the first round in a court battle over the Health and Human Services mandate to provide free coverage of contraceptives, abortifacient drugs and sterilizations.

The Thomas More Law Center (TMLC) filed the lawsuit on behalf of the Michigan-based Weingartz Supply Company and its owner, Daniel Weingartz, with the support of the Life Legal Defense Foundation ( see earlier story). Attorney Erin Mersino tells OneNewsNow the federal court has now issued an injunction against the mandate, saying it violates the constitutional guarantee of religious freedom.

Mersino, Erin (TMLC)"Basically the court went through every step of the analysis and said that it was unclear that the government had a compelling interest in the HHS mandate in promoting women's public health," Mersino reports.

The mandate forces employers, regardless of their religious convictions, to provide the coverage or suffer crippling penalties. Judge Robert Cleland said in his ruling: "The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury."

But Mersino explains that is not the final word in the case.

"Essentially this is then the farthest reaching injunction so far rendered from the court, because this injunction will last during the entire duration of the legal proceedings," the TMLC attorney explains. "I would imagine at this point the Department of Justice is considering appealing the matter."

At least 39 federal lawsuits have been filed against the HHS mandate.

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article - NOT another reader's comments. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved. More details

SIGN UP FOR OUR DAILY NEWSBRIEF

SUBSCRIBE

VOTE IN OUR POLL

Why do you suspect LGBT activists mocked 'slippery slope' warning about marriage? (Choose all that apply)

CAST YOUR VOTE

GET PUSH NOTIFICATIONS

SUBSCRIBE

LATEST AP HEADLINES

Military heads want transgender enlistment hold
5 GOP senators now oppose health bill ... enough to sink it
40 people killed in bomb, gun attacks in 3 Pakistani cities
London council evacuates residents amid fire safety concerns
Utah evacuees watched flames draw closer, smoke get thicker
Senate panel seeks details on Lynch role in Clinton probe
Trump signs law to make VA more accountable for vets' care
Military leaders seek delay in transgender enlistment

LATEST FROM THE WEB

Washington Post confirms: Trump right on Russian election tampering
Caught on tape: Dem official says he's 'glad' Scalise got shot
Dem congressman: Let's face it, in some parts of the country– Pelosi is more toxic Trump
Senate Obamacare repeal draft includes Planned Parenthood defunding, pro-life language
Ferguson's Michael Brown to get Hollywood treatment

CARTOON OF THE DAY

Cartoon of the Day

REASON & COMPANY

NEXT STORY
Illegally imposed taxes threaten to close church

A small Arizona church is facing illegally assessed property taxes that would force it out of existence if paid.