Fed judge grants injunction in favor of MI business owner against HHS mandate

ANN ARBOR, Mich., Nov. 1, 2012/Christian Newswire --

Federal District Court Judge Robert H. Cleland of the Eastern District of Michigan, issued an opinion yesterday evening granting a motion for Preliminary Injunction that effectively halts enforcement of the HHS mandate against Plaintiffs Weingartz Supply Company and its owner and president, Daniel Weingartz. The motion was brought by the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan.

Erin Mersino, TMLC's lead counsel on the case who presented the oral argument in support of Plaintiffs, commented, "The federal court has found that our clients have a likelihood of success and would be irreparably harmed by the unconstitutional overreaching of the HHS mandate. This is not only a victory for our clients, but for religious freedom."

The HHS mandate refers to regulations adopted by the Department of Health and Human Services that forces employers, regardless of their religious convictions, to provide insurance coverage for abortion-inducing drugs, sterilization, and contraception under threat of heavy penalties.

In ruling for the Weingartz Plaintiffs, Judge Cleland emphasized that "[t]he loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury." He concluded, "The harm in delaying the implementation of a statute that may later be deemed constitutional must yield to the risk presented here of substantially infringing the sincere exercise of religious beliefs. The balance of harms tips strongly in Plaintiffs' favor. A preliminary injunction is warranted."

Judge Cleland denied without prejudice the motion brought on behalf of Legatus for reasons stated below.

Click here to read Judge Cleland's entire opinion.

On May 6, 2012, TMLC, filed a federal lawsuit challenging the HHS mandate on behalf of Legatus, the Nation's largest organization of top Catholic business owners and CEOs, and the Michigan-based Weingartz Supply Company and its president Daniel Weingartz. The motion for Preliminary Injunction on behalf of Plaintiffs was filed on August 15, 2012. Judge Cleland heard oral arguments on the motion on September 28, 2012.

Named as defendants in TMLC's lawsuit were Obama administration officials responsible for implementation of the HHS mandate promulgated under the Patient Protection and Affordable Care Act (Obamacare). Included were: Kathleen Sebelius, Secretary of the Department of Health and Human Services; Hilda Solis, Secretary of the Department of Labor; Timothy Geithner, Secretary of the Department of Treasury; and their respective departments.

Judge Cleland reiterated in his written opinion what he told both sides at the beginning of the oral augments on September 28th, namely, whatever ruling he grants, the case will continue to be litigated.

Judge Cleland denied the motion for preliminary injunction on behalf of Legatus without prejudice on the grounds that he is not persuaded that Legatus has standing to bring its claim at this time. He cited recent cases where other courts deciding the identical issue found that non-profit organizations protected under the safe harbor do not have standing because their injury is conjectural. The Government has represented that the HHS mandate regulations are being amended to accommodate the religious liberty concerns of non-profit organizations like Legatus.

Importantly, Judge Cleland noted that in the event the Government acts in a way inimical to the rights Legatus seeks to protect, Legatus can again approach the court with its concerns at that time.

Moreover, Judge Cleland directed the government to file a brief statement describing the status of the amendment process for final regulations occurring under the temporary enforcement safe harbor not later than the first Monday of each month.

TMLC's lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment, specifically the Free Exercise of Religion and Free Speech clauses. It also claims that the HHS Mandate violates the Religious Freedom Restoration Act of 1993 and the Administrative Procedure Act.

Although several cases across the country challenging the constitutionality of the HHS mandate have been dismissed by federal courts on technical grounds, Judge Cleland is the second federal judge to grant a motion for preliminary injunction.




button02b.gif

Categories

Archives

Pro-Life Articles

add your site
Bound4LIFE May 18, 2016, 9:00 am
BIG C CATHOLICS May 16, 2016, 12:08 pm
BIG C CATHOLICS May 15, 2016, 11:20 am
BIG C CATHOLICS May 16, 2016, 7:41 pm
BIG C CATHOLICS May 18, 2016, 8:02 am
BIG C CATHOLICS May 20, 2016, 12:20 pm
BIG C CATHOLICS May 18, 2016, 12:28 pm
BIG BLUE WAVE Dec 31, 1969, 6:00 pm
BIG BLUE WAVE Dec 31, 1969, 6:00 pm
BIG BLUE WAVE May 21, 2016, 11:42 am
Americans United for Life Blog May 16, 2016, 11:11 am
Amirica Dec 31, 1969, 6:00 pm
Americans United for Life Blog May 16, 2016, 2:11 am
Alex Schadenberg May 16, 2016, 12:57 pm
Alex Schadenberg May 19, 2016, 6:35 pm
Alex Schadenberg May 19, 2016, 4:46 pm
Alex Schadenberg May 14, 2016, 11:00 am
Alex Schadenberg May 18, 2016, 1:02 pm
Alex Schadenberg May 19, 2016, 3:25 pm
Albert Mohler's Blog May 19, 2016, 11:54 pm
Aardvark Alley Dec 31, 1969, 6:00 pm
Aardvark Alley Dec 31, 1969, 6:00 pm
Aardvark Alley Dec 31, 1969, 6:00 pm
A Lifestyle of Peace May 20, 2016, 7:18 pm
A Lifestyle of Peace May 17, 2016, 6:54 pm
A Follower of Francis May 15, 2016, 10:46 am
A Catholic Life May 15, 2016, 4:09 pm
A Catholic Life May 15, 2016, 4:09 pm
A Catholic Life May 15, 2016, 4:09 pm
A Catholic Life May 15, 2016, 4:09 pm
A Catholic Life May 15, 2016, 4:09 pm
A Catholic Life May 16, 2016, 11:11 am
A Catholic Life May 15, 2016, 4:12 pm
A Catholic Life May 16, 2016, 4:23 pm
A Catholic Life May 15, 2016, 4:33 pm
A Catholic Life May 19, 2016, 7:29 am
Bound4LIFE May 12, 2016, 9:35 am
Bound4LIFE May 10, 2016, 9:00 am
BIG C CATHOLICS May 8, 2016, 5:00 pm
BIG C CATHOLICS May 7, 2016, 5:00 pm
BIG C CATHOLICS May 13, 2016, 12:21 pm
BIG C CATHOLICS May 9, 2016, 4:23 pm
BIG C CATHOLICS May 13, 2016, 5:00 pm
BIG C CATHOLICS May 10, 2016, 5:00 pm
BIG C CATHOLICS May 14, 2016, 3:45 pm
BIG C CATHOLICS May 10, 2016, 11:18 am
BIG C CATHOLICS May 11, 2016, 5:00 pm
BIG C CATHOLICS May 12, 2016, 5:00 pm
BIG C CATHOLICS May 11, 2016, 12:04 pm
Army Marching Mar 28, 2010, 3:21 pm
Alex Schadenberg May 7, 2016, 10:07 pm
Alex Schadenberg May 9, 2016, 10:29 am
Alex Schadenberg May 9, 2016, 2:08 pm
Alex Schadenberg May 9, 2016, 4:02 pm
Alex Schadenberg May 12, 2016, 7:31 am
Alex Schadenberg May 10, 2016, 7:29 pm
Alex Schadenberg May 12, 2016, 4:39 pm
Alex Schadenberg May 13, 2016, 8:32 am
Alex Schadenberg May 13, 2016, 9:12 am
Alex Schadenberg May 14, 2016, 9:58 am
Alex Schadenberg May 14, 2016, 8:00 am
Alex Schadenberg May 14, 2016, 10:07 pm
Albert Mohler's Blog May 12, 2016, 7:00 am
Aardvark Alley Dec 31, 1969, 6:00 pm
Aardvark Alley Dec 31, 1969, 6:00 pm
Aardvark Alley Dec 31, 1969, 6:00 pm
Aardvark Alley Dec 31, 1969, 6:00 pm
A Lifestyle of Peace May 7, 2016, 6:02 pm
A Lifestyle of Peace May 10, 2016, 8:41 pm
A Lifestyle of Peace May 12, 2016, 9:22 am
A Follower of Francis May 14, 2016, 6:16 am
A Catholic Life May 8, 2016, 5:42 pm
The Ohio Anglican.blog May 7, 2016, 3:24 pm
The Ohio Anglican.blog Dec 31, 1969, 6:00 pm
The Ohio Anglican.blog Dec 31, 1969, 6:00 pm
The Common Room May 6, 2016, 3:05 pm
The Black Kettle May 5, 2016, 7:27 pm
The Aquila Report May 5, 2016, 11:08 pm
The Aquila Report May 5, 2016, 11:01 pm
The Aquila Report May 6, 2016, 11:08 pm
The Aquila Report May 6, 2016, 11:01 pm
The Aquila Report May 6, 2016, 11:01 pm
The Aquila Report May 6, 2016, 11:01 pm
The Aquila Report May 6, 2016, 11:01 pm
The Aquila Report May 6, 2016, 11:01 pm
The Aquila Report May 6, 2016, 11:01 pm
The Aquila Report May 6, 2016, 11:01 pm
SUNLIT UPLANDS Dec 31, 1969, 6:00 pm
SUNLIT UPLANDS Dec 31, 1969, 6:00 pm
Spero News Dec 31, 1969, 5:00 pm
Spero News Dec 31, 1969, 5:00 pm
Rose and Her Lily May 7, 2016, 10:48 am
Rebelution May 6, 2016, 7:06 am
RealChoice Dec 31, 1969, 6:00 pm
Reclaiming Our Children Jan 1, 1970, 1:00 am
Pro-Life Unity Dec 31, 1969, 6:00 pm
Pro-Life Unity Dec 31, 1969, 6:00 pm
Pro Life Campaign May 6, 2016, 10:16 am
PM Notes May 5, 2016, 11:19 am
PLATAFORMA ALGARVE PELA VIDA May 7, 2016, 12:44 pm
Papa Mike's Blog May 7, 2016, 2:49 am
Papa Mike's Blog May 7, 2016, 4:07 am
Papa Mike's Blog May 7, 2016, 3:09 am
Papa Mike's Blog May 7, 2016, 3:22 am
Papa Mike's Blog May 7, 2016, 2:26 am
OrthodoxyToday Apr 12, 2016, 9:19 pm
OrthodoxyToday Apr 3, 2016, 7:00 pm
OrthodoxyToday Apr 9, 2016, 10:15 pm
OrthodoxyToday Apr 28, 2016, 10:54 pm
NoisyRoom.net May 6, 2016, 5:48 pm
NoisyRoom.net May 7, 2016, 6:47 am
March For Life May 6, 2016, 12:52 pm
man with black hat Dec 31, 1969, 6:00 pm
LifeNews May 6, 2016, 1:45 pm
LifeNews May 6, 2016, 2:12 pm
LifeNews May 6, 2016, 1:57 pm
LifeNews May 6, 2016, 12:52 pm
LifeNews May 6, 2016, 12:38 pm
LifeNews May 6, 2016, 1:40 pm
Les Femmes - The Truth May 6, 2016, 11:23 am
Les Femmes - The Truth May 7, 2016, 11:00 am
Les Femmes - The Truth May 7, 2016, 9:33 am
Leaven for the Loaf May 5, 2016, 6:56 pm
Leaven for the Loaf May 5, 2016, 9:49 pm
Leaven for the Loaf May 7, 2016, 2:20 pm
Leaven for the Loaf May 6, 2016, 6:30 am
Lake County Right to Life Blog May 7, 2016, 12:38 pm
Lake County Right to Life Blog May 7, 2016, 12:30 pm
Lake County Right to Life Blog May 7, 2016, 12:27 pm
Lake County Right to Life Blog May 6, 2016, 8:54 am
Lake County Right to Life Blog May 7, 2016, 12:24 pm
Lake County Right to Life Blog May 6, 2016, 8:39 am
Lake County Right to Life Blog May 5, 2016, 9:48 am
Lake County Right to Life Blog May 6, 2016, 8:47 am
Lake County Right to Life Blog May 6, 2016, 8:44 am
HumanLifeMatters May 7, 2016, 3:18 pm
HLI World Watch May 6, 2016, 1:00 pm
Happy Catholic Dec 31, 1969, 6:00 pm
Happy Catholic Dec 31, 1969, 6:00 pm
Happy Catholic Dec 31, 1969, 6:00 pm
Happy Catholic Dec 31, 1969, 6:00 pm
Greater Fitchburg For Life Dec 31, 1969, 6:00 pm
Greater Fitchburg For Life Dec 31, 1969, 6:00 pm
Greater Fitchburg For Life Dec 31, 1969, 6:00 pm
Greater Fitchburg For Life Dec 31, 1969, 6:00 pm