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
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
"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