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Friday, December 21, 2012

Another Victory Against HHS Contraception Mandate

Five of seven cases in which for-profit business owners have obtained injunctive relief.

In the wonderfully named American Pulverizer Co. v. U.S. Dep’t of HHS, federal district judge Richard E. Dorr soundly ruled that all the relevant factors favored the entry of injunctive relief.

In particular, on the question of probability of success on the merits, Judge Dorr, unlike the confused Tenth Circuit panel, properly recognized that the “substantial burden” component of the Religious Freedom Restoration Act claim was simple: “Plaintiffs must either pay for a health care plan that includes drugs and services to which they religiously object or incur fines.” Dorr explained that the ACLU’s claim that the insured “individual’s own decision to use the contraceptive services” somehow negated the substantiality of the burden was contrary to Supreme Court precedent.

Related post at NRO: Another Court Outs the Obama Administration’s Religious-Freedom Farce.

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