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LifeNews: In a 2-1 decision issued Friday by the U.S. Court of Appeals for the Seventh Circuit, the court reversed the federal district court’s denial of a motion for a preliminary injunction and remanded the case for the district court to enter the preliminary injunction. The appeals court upheld the rights of both individuals and companies to challenge the ObamaCare HHS Mandate – the first decision of its kind in the ongoing HHS Mandate litigation.
Ben Kesling And Louise Radnofsky at Wall Street Journal (access via Google): One of the cases before the Seventh Circuit was brought by K&L Contractors Inc. and its owners, who argued that the general contractor’s corporate mission mirrors that of its directors and majority owners. Cyril and Jane Korte, who own the company, are Roman Catholics. “A company is an extension” of its owners’ beliefs, said Edward White, K&L’s lawyer
Illinois Federal District Court, Bound By 7th Circuit Precedent, Grants Preliminary Injunction In Contraceptive Mandate Challenge
Religion Clause Blog: In Triune Health Group, Inc. v. U.S. Department of Health and Human Services, (ND IL, Jan. 3, 2012), an Illinois federal district court granted a preliminary injunction barring enforcement of the Affordable Care Act contraceptive coverage mandate against a for-profit company that that facilitates re-entry of injured workers into the workforce
Ed Whelan at National Review: In five of seven cases, the owners of for-profit businesses have obtained injunctive relief against the HHS mandate. Of the two cases that have gone wrong, I’ve already discussed the Tenth Circuit’s mess-up yesterday in the Hobby Lobby case. Here I’ll briefly address the adverse ruling a week ago in Korte v. U.S. Dep’t of HHS.
Religion Clause Blog: In Korte v. United States Department of Health and Human Services, (SD IL, Dec. 14, 2012), an Illinois federal district court denied a preliminary injunction sought by a for-profit construction business and its controlling shareholders in a free exercise challenge to the contraceptive coverage mandate under the Affordable Care Act. The court held that the exercise of religion is a purely personal right; corporations cannot exercise religion even though they may advance a belief system.
Religion Clause Blog (links to press release and complaint): New suits continue to be filed challenging the mandate under the Affordable Care Act requiring that most insurance policies cover contraceptive services. The latest is Korte v. U.S. Department of Health and Human Services, (SD IL, filed 10/9/2012) (full text of complaint . . .