Federal appeals court denies Hobby Lobby preliminary abortion-drug injunction via HHS mandate

So despite the fact that Hobby Lobby would be forced to pay for abortifacients, the 10th circuit says that pay for this doesn’t “substantially burden religious exercise”. Yeah, right:

THE HILL – A federal appeals court denied Hobby Lobby’s request for a preliminary injunction against President Obama’s birth control coverage rules.

The Tenth Circuit Court of Appeals ruled Thursday that the Christian-run arts-and-crafts chain must comply with the policy as its case proceeds.

The decision is the latest setback in Hobby Lobby’s case against the Obama administration.

At issue is the requirement that most employers to cover a full range of birth control methods in their health plans without cost-sharing.

U.S. District Judge Joe Heaton ruled last month that Hobby Lobby must comply in spite of its belief that the “morning-after pill” induces abortion.

On Thursday, the appeals court agreed that the mandate did not appear to substantially burden religious exercise in the case.

The panel quoted a portion of Heaton’s opinion to deny Hobby Lobby’s motion for an injunction.

“The particular burden of which plaintiffs complain is that funds, which plaintiffs will contribute to a group health plan, might, after a series of independent decisions by healthcare providers and patients covered by [the corporate] plan, subsidize someone else’s participation in an activity that is condemned by plaintiff[s’] religion. Such an indirect and attenuated relationship appears unlikely to establish the necessary ‘substantial burden,'” Heaton wrote.

The appeals court has yet to rule on the merits of the case.

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  • face palm. I don’t even know what to say to this crap anymore.

  • 911Infidel

    In other words facts don’t matter and neither does the “nor prevent the free excercise thereof clause in the 1st Amendment.

  • maynardb50

    Phucking stupid ass judges.

  • Who the heck appoints these buffoons? Stop violating people’s conscience!!!

    • mikeinidaho

      The communist party AKA Democrats, that’s who.

  • mediaaccess1

    Everyone’s gonna go bankrupt because zero X zero still equals zero.

  • Rshill7

    Muslims are exempt from the whole shebang though.

    • 12grace

      Yes, so are Scientologist, Amish and maybe American Indians.

      • Malkiel_kol_hakavod_la_el

        In the very small print of the so called opinion it states: Applies only to all “Christian Religions” or any form of traditional “Christian Religion” or any variant of “Christian Religion” or any church or belief using any of the following words “Christ”, “Jesus” , “Son Of God” , “Messiah” excluding Obama Churches created or yet to be created. so ordered the 10th circus court of stupidity.

  • Dear Leader has spoken! And his enforces (the judges) will ensure that nothing so silly as the Constitution of the United States or forcing people to act against their conscience will get in the way!

    Tell me, are we not already in a dictatorship? 🙁

    • aposematic

      Chief Justice Roberts said as much in upholding Obumacare even though Roberts had to rewrite the law to say the mandate is a tax. Roberts said it was not his job to Judge the Laws written by Politicians deferring to the electorate to elect other people if they didn’t like the Laws being written. In the end Chief Justice Roberts was correct, in the end it is up to the people…isn’t it. However, the specific abortion mandate was not written in the Law but as most things Obumacare says is to be determined at the descretion of the HHS Secretary, so the HHS Secretary Sebelius, at her desretion, dictated it Law. So yes, we are now being ruled by dictators fashioned from Political whims into Law. When the Chief Justice of our Supreme Court thinks its not his job to uphold the Constitution the Politicians run amok at will.

      • Malkiel_kol_hakavod_la_el

        Correct with the following exception: Congress can’t give its vested power – writing the nations laws to any person or agency which of course it has been doing for years now without a whimper from the citizens of the United States..

  • warpmine

    The company should close it’s doors and let blame fall where it may. How many will really be pissed off when they lose a job in this sorry azz economy. Obama will once more get the nod until enough people tire of policies from President Sheisskopf.

  • deTocqueville1

    The attack on Christianity continues!

  • deTocqueville1

    I understand your sentiments but no, no closing doors. If one does the other side wins. Keep fighting.

    • mikeinidaho

      The doors will be closed eventually, just as Obama wishes. He’s out to collapse the economy and capitalism and install himself as dictator. Civil disobedience is the only course of action until the second American Revolution takes place.

  • This has a long way to go, though. I still think the Supreme Court will end up supporting institutions such as the Catholic Church from refusing to buy into Obamacare. I’m not sure about businesses, but I think non-profit organizations will get their exemption. The court usually sides with freedom of religion advocates, so it will be interesting to see what happens.

  • sam

    You seem to be a good lawyer and know a lot about appeals. On the legal forum of Attorney Online we started a discussion about what are appeals http://attorney-online.info/forum/13-70-1 Please join the discussion and express your opinion. Moreover you can write there articles and posts to Attorney Blog. If you know many good attorneys, you can invite them to submit their contacts to Attorney Directory. It is free and lifetime. If you know interesting legal news, you can also publish them.

  • In other words, the private sector is actually government due to the fact that they use money printed by said government. If you take a greenback, you have to take everything the government puts on it so that you may have the privilege to use it.

    I think that it is high time that states start printing their own currency. It can happen. There are many places that do it right now. Those who control the currency control the regulation.

  • The 10th Circuit and Obamabots had better hope they get overturned or you will see even more businesses cut everyone back to part time so they don’t have to pay benefits. It is already happening but it will pick up speed.

    • aposematic

      You hint at the number one point of Obumacare–destroy the middle class in America.

      • Correct. It is by design. Of that I have no doubt.

  • Sober_Thinking

    Evil. Pure and simple.

    Obama and Sebelius are damn criminals. How this isn’t impeachable – a direct conflict against the U.S. Constitution, which these liars are supposed to defend and protect but deliberately skip right on by it and those pesky little rules… this is beyond me.

    Only God can correct this. And after giving mankind a couple tries, He just may do that – MUCH to the woe of those who are unsaved.

    These people don’t appreciate the depths of their ignorance and arrogance – pride comes before the fall.

  • 12grace

    Civil Disobedience is required.

  • Nukeman60

    Well, let’s see. Ignore the issues at hand. Ignore the will of the people. All Obama has to do is ensure that his Executive Orders rule the land. Why? Because it looks like he has turned the judicial in his favor (although the 10th took it’s time coming around to the activist 9th Court of Appeals). He also appears to have the Congress in his pocket (with Reid shutting down the Senate for the last four years and Boehner finally crying his way into Obama’s tent, giving him the House as well).

    It’s no wonder this President is so arrogant. He has all the Chicago-style political tools in his arsenal to stop any normal, common-sense argument around. Separation of Church and State? Nah. It seems more like separation of Church and the people, to me. Keep the Church out of politics, but forcefully insert politics into the Church. Yeah, that’s the ticket.

    Boy, it’s good Obama wasn’t around 2000 years ago to force abortifacients on unsuspecting mothers-to-be, eh?

  • Malkiel_kol_hakavod_la_el

    “the appeals court agreed that the mandate did not appear to “substantially burden” “religious exercise” in the case”

    Let us see here is the relevant law: Congress shall “make no law” respecting i.e. “Regarding” an establishment of religion, or prohibiting the free exercise thereof; i.e. mandate is law thus violates the no law clause of the 1st Amendment and prohibits the free exercise clause of 1st Amendment because #1 it’s a law and #2 it prohibits free exercise by forcing a religion to practice what it believes defined by Government….

    Well 10th why don’t you read the 1st Amendment of the United States Constitution….

  • I guess Hobby Lobby hasn’t gotten the memo- we do NOT live in a free country! We are NOT protected by our Constitution. We are slaves of the government. Any questions?

  • Let’s all proclaim ourselves to be Amish. Would that work?

  • mikeinidaho

    Let’s see, what to do, what to do.
    I know, just say NO. Refuse to comply.
    Civil disobedience just like the hippies who now run the country did in the 60’s.

  • CrazyAZBiker

    Do not comply with their unconstitutional bullshit.

  • CrazyAZBiker

    The States should be stepping in on this… standing up for the people! INTERPOSITION! NULLIFICATION! Long live the Principles of ’98!

  • Charles Morgan

    We know what is coming.

  • I noticed that many Americans are completely discouraged and giving up on fighting our tyrannical government. This is what the propagandist in the District of Communism is trying to accomplish. Destroy the moral of the freedom loving Americans and make as many as possible dependent on the centralized government.