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7th Circuit grants injunction in company’s suit against providing employees contraceptives

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Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.

The appellate court issued its order in William D. Grote III, et al. v. Kathleen Sebelius, 13-1077, overturning Judge Sarah Evans Barker’s refusal to grant the Grote family’s request for a preliminary injunction pending appeal against the enforcement of provisions of the Patient Protection and Affordable Care Act and related regulations that require Grote Industries to provide contraception and sterilization procedures in its group health insurance plan.

The Grotes object to providing this coverage for their employees through their self-insured plan because it conflicts with the family’s Catholic beliefs. In their lawsuit, they assert claims under the First Amendment and Due Process Clause of the Fifth Amendment, as well as claims alleging violations of the Religious Freedom Restoration Act and the Administrative Procedure Act. Under the mandate, the company had to begin providing coverage Jan. 1.

The day after Barker denied the Grotes’ motion, the 7th Circuit issued a preliminary injunction in Korte v. Sebelius, 12-3841, pending appeal. The Kortes also sued claiming the mandate violates the RFRA. The 7th Circuit found the Kortes established a reasonable likelihood of success on their RFRA claim and the harm to the Kortes’ religious liberty rights outweighed the temporary harm to the government’s interest of providing greater access to health care.

Judges Joel Flaum and and Diane Sykes found no material distinction between the cases and consolidated them for appeal.  

Judge Ilana Diamond Rovner dissented, believing the appellants haven’t shown they are reasonably likely to prevail on the merits of their claims and expanded on the doubts she expressed in Korte.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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