Get PJ Media on your Apple

The PJ Tatler

by
Rick Moran

Bio

November 1, 2013 - 1:27 pm

The DC Court of Appeals struck down the birth control mandate in Obamacare, saying it would place an undue burden on businesses who object to the mandate on religious grounds.

The Hill:

The D.C. Circuit Court of Appeals — the second most influential bench in the land behind the Supreme Court — ruled 2-1 in favor of business owners who are fighting the requirement that they provide their employees with health insurance that covers birth control.

Requiring companies to cover their employees’ contraception, the court ruled, is unduly burdensome for business owners who oppose birth control on religious grounds, even if they are not purchasing the contraception directly.

“The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan,” Judge Janice Rogers Brown wrote on behalf of the court.

Legal analysts expect the Supreme Court to ultimately pick up an appeal on the birth-control requirement and make a final decision on its constitutionality.

In the meantime, Republicans in Congress have pushed for a conscience clause that would allow employers to opt out of providing contraception coverage for moral or religious reasons.

The measure emerged most recently during negotiations to fund the federal government. Some House Republicans wanted to include the conscience clause in a legislative package ending the government shutdown.

The split ruling against the government on Friday was the latest in a string of court cases challenging the healthcare law’s mandate.

Friday’s ruling centered on two Catholic brothers, Francis and Philip Gilardi, who own a 400-person produce company based in Ohio.

The brothers oppose contraception as part of their religion and challenged the Affordable Care Act provision requiring them to provide insurance that covers their employees’ birth control.

Refusing to abide by the letter of the law, they said, would result in a $14 million fine.

“They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong,” Brown wrote.

A “grave moral wrong” and perhaps sounding the death knell for the mandate, the appeals court said that the government failed to make it’s case that birth control was a “right” that supersedes an individual’s conscience:

Brown wrote that “it is clear the government has failed to demonstrate how such a right — whether described as noninterference, privacy, or autonomy — can extend to the compelled subsidization of a woman’s procreative practices.”

She added that denying coverage of contraception would not undermine the Affordable Care Act’s requirements that health insurance provide preventative care.

The case will almost certainly be appealed to the Supreme Court. But if one of the most liberal appeals courts in the country can reach this kind of decision, it’s hard to see how the Supreme Court and it’s current narrow conservative majority can overturn it.

Rick Moran is PJ Media's Chicago editor and Blog editor at The American Thinker. He is also host of the"RINO Hour of Power" on Blog Talk Radio. His own blog is Right Wing Nut House.

Comments are closed.

All Comments   (7)
All Comments   (7)
Sort: Newest Oldest Top Rated
"War on Women" articles by the MSM in 3..2..1..
41 weeks ago
41 weeks ago Link To Comment
The DC Court of Appeals? This is really astounding. If even a panel on that liberal court can see this is a violation of the Constitution, things are looking up.
41 weeks ago
41 weeks ago Link To Comment
this decision was not even mentioned on the NBC or CBS evening news. i had hoped that the MSM was starting to cover the WH failures, but not tonight.
41 weeks ago
41 weeks ago Link To Comment
I will take at least a year to get through the Supreme Court. Then, if they rule against it, what? Obama will not obey them, and he is armor plated as long as he holds the Senate. I don't know how this plays out. Remember Andrew Jackson lost a Supreme Court decision against the Cherokee nation's removal to Oklahoma, but he went ahead and did it anyway. And there was nobody to stand in his way. The Supreme Court has no power of enforcement - that's the Justice Department's responsibility, short of impeachment. No senate, no impeachment.
41 weeks ago
41 weeks ago Link To Comment
i, too, will take what i can get at this point, but john roberts.
41 weeks ago
41 weeks ago Link To Comment
That's a rare whiff of good news in a deranged era. I'll take whatever I can get at this point.
41 weeks ago
41 weeks ago Link To Comment
I don't really care about the socon argument. For me, it's ANY voluntary meds or procedures. But I'll take whatever I can get at this point, too.
41 weeks ago
41 weeks ago Link To Comment
View All

One Trackback to “Court Rules Obamacare Birth Control Mandate Unconstitutional”