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.


twittericonsm.png



button02b.gif

Categories

Archives

Pro-Life Articles

add your site
www.TheReaganWing.com Apr 11, 2014, 4:42 pm
Wondering Zygote Emeritus Apr 9, 2014, 9:22 pm
Wondering Zygote Emeritus Apr 7, 2014, 5:08 pm
Wondering Zygote Emeritus Apr 1, 2014, 10:29 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
Where the Rubber Hits the Road Dec 31, 1969, 7:00 pm
What Does Mike Think? Apr 6, 2014, 1:47 pm
What Does Mike Think? Apr 7, 2014, 8:24 am
What Does Mike Think? Apr 4, 2014, 10:44 pm
What Does Mike Think? Apr 3, 2014, 8:21 am
Waiting for Happy Dec 31, 1969, 7:00 pm
Vivificat! Apr 5, 2014, 8:23 pm
Vivificat! Apr 2, 2014, 9:49 am
Vital Signs Blog Dec 31, 1969, 7:00 pm
Vital Signs Blog Dec 31, 1969, 7:00 pm
Vital Signs Blog Dec 31, 1969, 7:00 pm
Vital Signs Blog Dec 31, 1969, 7:00 pm
Vital Signs Blog Dec 31, 1969, 7:00 pm
Vital Signs Blog Dec 31, 1969, 7:00 pm
Vital Signs Blog Dec 31, 1969, 7:00 pm
University Faculty for Life Apr 1, 2014, 5:33 pm
University Faculty for Life Apr 2, 2014, 10:15 am
University Faculty for Life Apr 3, 2014, 9:16 pm
University Faculty for Life Apr 3, 2014, 9:07 pm
Truth and Charity Forum Apr 7, 2014, 12:01 am
Truth and Charity Forum Apr 2, 2014, 12:01 am
Truth and Charity Forum Apr 4, 2014, 12:01 am
Truth and Charity Forum Apr 11, 2014, 12:01 am
Truth and Charity Forum Apr 8, 2014, 12:01 am
Truth and Charity Forum Apr 9, 2014, 12:01 am
To Love and Truth Apr 3, 2014, 11:42 pm
Thinking Americanist Apr 11, 2014, 2:05 pm
Thinking Americanist Apr 8, 2014, 12:01 pm
Thinking Americanist Apr 3, 2014, 12:09 pm
Thinking Americanist Apr 9, 2014, 10:52 am
Thinking Americanist Apr 10, 2014, 2:35 am
Thinking Americanist Apr 2, 2014, 9:12 pm
The Write Side of My Brain Apr 1, 2014, 5:28 pm
The UmBlog Apr 12, 2014, 12:59 am
The Truth About Margaret Sanger Dec 31, 1969, 7:00 pm
The Pinoy Catholic Dec 31, 1969, 7:00 pm
The Point Apr 10, 2014, 5:12 pm
The Pinoy Catholic Dec 31, 1969, 7:00 pm
The Point Apr 11, 2014, 2:12 pm
The Point Apr 9, 2014, 10:17 am
The Pinoy Catholic Dec 31, 1969, 7:00 pm
The Point Apr 11, 2014, 10:05 am
The Pinoy Catholic Dec 31, 1969, 7:00 pm
The Pinoy Catholic Dec 31, 1969, 7:00 pm
THE PASSIONATE PRO-LIFER Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Apr 12, 2014, 12:59 am
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Ohio Anglican.blog Dec 31, 1969, 7:00 pm
The Lewis Crusade Apr 10, 2014, 12:08 am
The Lewis Crusade Apr 7, 2014, 8:57 am
The Lewis Crusade Apr 8, 2014, 2:41 am
The Lewis Crusade Apr 7, 2014, 9:50 am
The Lewis Crusade Apr 7, 2014, 11:27 pm
The evangelical outpost Apr 8, 2014, 10:00 am
The evangelical outpost Apr 10, 2014, 10:15 am
The evangelical outpost Apr 9, 2014, 10:00 am
The Common Room Apr 11, 2014, 10:40 pm
The Black Kettle Apr 11, 2014, 11:11 pm
The Black Kettle Apr 11, 2014, 11:42 am
The Black Kettle Apr 11, 2014, 9:46 pm
The Birth Control Movie » Blog Apr 9, 2014, 6:58 pm
The Black Kettle Apr 11, 2014, 7:14 pm
The Black Kettle Apr 11, 2014, 9:55 pm
The Black Kettle Apr 11, 2014, 3:34 pm
The Black Kettle Apr 10, 2014, 2:14 pm
The Black Kettle Apr 10, 2014, 2:10 pm
The Black Kettle Apr 11, 2014, 4:06 pm
The Anchoress Apr 9, 2014, 1:00 pm
The Anchoress Apr 10, 2014, 5:55 pm
The Anchoress Apr 10, 2014, 11:52 am
SUNLIT UPLANDS Dec 31, 1969, 7:00 pm
SUNLIT UPLANDS Apr 12, 2014, 12:58 am
SUNLIT UPLANDS Dec 31, 1969, 7:00 pm
SUNLIT UPLANDS Dec 31, 1969, 7:00 pm
SUNLIT UPLANDS Dec 31, 1969, 7:00 pm
Students for Life of Illinois Apr 11, 2014, 1:00 pm
Stony Creek Digest Apr 11, 2014, 3:43 pm
Stones Cry Out Apr 1, 2014, 9:48 pm
Stones Cry Out Apr 8, 2014, 10:07 pm
Stones Cry Out Apr 10, 2014, 8:46 pm
Spero News Dec 31, 1969, 6:00 pm
Spero News Dec 31, 1969, 6:00 pm
Spero News Dec 31, 1969, 6:00 pm
Spero News Dec 31, 1969, 6:00 pm
Socon or Bust Apr 6, 2014, 8:42 pm
Socon or Bust Apr 9, 2014, 12:05 am
Socon or Bust Apr 6, 2014, 6:36 pm
Socon or Bust Apr 6, 2014, 6:34 pm
Socon or Bust Apr 9, 2014, 12:32 am
Socon or Bust Apr 10, 2014, 11:57 pm
ScrappleFace Apr 10, 2014, 7:09 am
Rose and Her Lily Apr 10, 2014, 9:47 pm
Reflections of a Paralytic Dec 31, 1969, 7:00 pm
Reflections of a Paralytic Dec 31, 1969, 7:00 pm
RealChoice Dec 31, 1969, 7:00 pm
Rebelution Apr 11, 2014, 7:56 am
RealChoice Dec 31, 1969, 7:00 pm
RealChoice Dec 31, 1969, 7:00 pm
RealChoice Dec 31, 1969, 7:00 pm
RealChoice Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life Unity Dec 31, 1969, 7:00 pm
Pro-Life PA by Sue Cirba Dec 31, 1969, 7:00 pm
Pro Life in TN Apr 8, 2014, 9:09 pm
Priests for Life Apr 10, 2014, 9:51 am
Priests for Life Apr 9, 2014, 10:40 am
Priests for Life Apr 7, 2014, 4:23 pm
Priests for Life Apr 11, 2014, 8:32 am
Preachrblog Dec 31, 1969, 7:00 pm
PM Notes Apr 8, 2014, 1:57 am
PM Notes Apr 10, 2014, 11:53 am
PM Notes Apr 8, 2014, 11:25 am
PLATAFORMA ALGARVE PELA VIDA Apr 10, 2014, 6:24 am
Papa Mike's Blog Apr 8, 2014, 9:15 pm
Papa Mike's Blog Apr 10, 2014, 9:18 pm
Papa Mike's Blog Apr 9, 2014, 1:06 pm
Papa Mike's Blog Apr 9, 2014, 12:59 pm
OrthodoxyToday Apr 9, 2014, 8:54 pm
OrthodoxyToday Apr 10, 2014, 6:38 pm
OrthodoxyToday Apr 8, 2014, 2:00 pm
OrthodoxyToday Apr 8, 2014, 5:05 pm
OrthodoxyToday Mar 26, 2014, 12:58 pm
OrthodoxyToday Mar 28, 2014, 1:13 pm
OPINERLOG Apr 12, 2014, 12:56 am
Operation Rescue Apr 11, 2014, 11:49 am
Operation Rescue Apr 7, 2014, 11:35 am
Operation Rescue Apr 9, 2014, 11:57 am
NoisyRoom.net Apr 9, 2014, 5:24 pm
NoisyRoom.net Apr 10, 2014, 12:56 pm
NoisyRoom.net Apr 9, 2014, 3:25 pm
NoisyRoom.net Apr 11, 2014, 4:24 pm
NoisyRoom.net Apr 10, 2014, 4:26 pm
NoisyRoom.net Apr 8, 2014, 3:10 pm
NoisyRoom.net Apr 8, 2014, 2:45 pm
NoisyRoom.net Apr 8, 2014, 3:59 pm
NoisyRoom.net Apr 8, 2014, 4:08 pm
NoisyRoom.net Apr 9, 2014, 1:34 pm
NoisyRoom.net Apr 8, 2014, 4:02 pm
My Domestic Church Apr 12, 2014, 12:56 am
Musings at 85 Apr 7, 2014, 4:33 pm
Musing Minds Apr 11, 2014, 4:30 pm
MCCL Blog Apr 9, 2014, 2:07 pm
MCCL Blog Apr 8, 2014, 6:01 pm
MCCL Blog Apr 9, 2014, 1:08 pm
MCCL Blog Apr 11, 2014, 5:18 pm
Mary Meets Dolly Apr 8, 2014, 1:04 pm
man with black hat Dec 31, 1969, 7:00 pm
man with black hat Dec 31, 1969, 7:00 pm
man with black hat Dec 31, 1969, 7:00 pm
Lutherans & Contraception Dec 31, 1969, 7:00 pm
Lutheran Logomaniac Mar 31, 2014, 2:15 pm
Lutheran Logomaniac Mar 26, 2014, 5:12 pm
Lutheran Logomaniac Mar 25, 2014, 9:38 pm
Lutheran Logomaniac Mar 21, 2014, 6:51 pm
LTI Blog Dec 31, 1969, 7:00 pm
Love Undefiled Apr 11, 2014, 3:20 pm
LifeSiteNews Apr 9, 2014, 2:22 pm
LifeSiteNews Apr 9, 2014, 2:11 pm
LifeSiteNews Apr 9, 2014, 4:19 pm
LifeSiteNews Apr 8, 2014, 11:17 am
LifeSiteNews Apr 8, 2014, 1:25 pm
LifeSiteNews Apr 9, 2014, 2:05 pm
LifeSiteNews Apr 8, 2014, 12:58 pm
LifeSiteNews Apr 8, 2014, 11:25 am