ILNews

7th Circuit blocks Obamacare ‘contraception mandate’

Back to TopCommentsE-mailPrintBookmark and Share

Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.

A split panel of the 7th Circuit Court of Appeals reaffirmed its earlier preliminary injuction in one of the farthest-reaching rulings on an issue that has divided federal circuits and almost certainly will be appealed to the U.S. Supreme Court. Friday’s order grants an injunction against enforcement of the mandate that requires employers to provide universal access to birth control.

The panel’s consolidated ruling was granted in two cases, William D. Grote III et al, v. Kathleen Sebelius, et al., 13-1077, and Cyril B. Korte et al. v. Kathleen Sebelius, et al., 12-3841.

Grote Industries, a Madison-based maker of vehicle safety systems, successfully claimed that requiring the company to provide contraception coverage through its self-insured healthcare plan violated its owners’ First Amendment and Fifth Amendment rights and the Religious Freedom Restoration Act of 1993.

“The plaintiffs are not asking the government to pay for anything. They are asking for relief from a regulatory mandate that coerces them to pay for something – insurance coverage for contraception – on the sincere conviction that doing so violates their religion,” Circuit Judge Diane Sykes wrote in the majority opinion joined by Judge Joel Flaum. “They have made a strong case that RFRA entitles them to that relief.”

Judge Ilana Rovner dissented, writing that the majority’s overreach hypothetically could prevent employees from obtaining embryonic stem-cell therapy; allow Christian Scientist business owners to severely restrict access to medical care based on their beliefs; or deny coverage to same-sex couples even in states that permit such unions, if the corporation’s owners have a religious objection to same-sex marriage. She warned the ruling could open a host of federal regulation to challenges based on the religious beliefs of corporate owners.

Rovner wrote that the majority’s holding “represents a dramatic turn in free exercise jurisprudence” and “bestows a highly personal right to religious exercise on two secular, for-profit corporations that have no facility of thought, conscience or belief. It deems the religious rights of the plaintiffs burdened by the contraception mandate without consideration of the indirect and minimal intrusion on their exercise of religion. And it disregards the extent to which the exemption from the mandate burdens the rights of the plaintiffs’ employees.”

The 7th Circuit majority noted its opinion aligns with a majority holding from the 10th Circuit, but that the 3rd Circuit has ruled in a similar case that “a for-profit, secular corporation cannot engage in the exercise of religion” and its owners have no claim against the contraception mandate. A Federal Circuit ruling held that for-profit corporations may not challenge the law on religious grounds, but that companies organized differently with individual owners may.
 

ADVERTISEMENT

  • attorneys please
    So, can the legal paper of record tell us who the attorneys were since the court does not find that important enough to record?

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT