***UPDATED*** UGH! Federal Judge denies Hobby Lobby’s request to block HHS mandate over morning-after pill


Hobby Lobby is a Christian-owned arts and crafts store that is being forced by Obamacare to include the morning-after pill and the week-after pill in its employee health care coverage. They sued in September to block this portion of the HHS mandate because it goes against their religious beliefs as they consider it abortion.

But because they are not considered a religious organization, the federal judge denied the injunction. If they refuse to comply with the mandate as a self-insured company, they will be penalized $1.3 million/day starting Jan 1. I know they are a large chain that’s been around since the 70s, but can they survive that kind of penalty? I’m guessing that a new $40 million/month penalty would sink the company pretty quickly.

ABC NEWS – A federal judge Monday rejected a request by Hobby Lobby Stores Inc. to block part of the new federal health care law that requires it to provide the morning-after and week-after birth control pills.

In a 28-page ruling, U.S. District Judge Joe Heaton denied a request by Hobby Lobby to prevent the government from enforcing portions of the health care law that will require it to include contraceptives the company considers objectionable in its health insurance plan.

In his ruling denying Hobby Lobby’s request for an injunction, Heaton noted churches and other religious organizations or religious corporations have been granted constitutional protection from provisions of the law regarding the birth-control measures.

“However, Hobby Lobby and Mardel are not religious organizations,” the ruling states. “Plaintiffs have not cited, and the court has not found, any case concluding that secular, for-profit corporations such as Hobby Lobby and Mardel have a constitutional right to the free exercise of religion.”

Hobby Lobby’s attorney said the companies’ owners, the Green family, plan to appeal.

“Every American, including family business owners like the Greens, should be free to live and do business according to their religious beliefs,” Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, said in a statement.

The company, which is self-insured, has said it will face a daily $1.3 million fine beginning Jan. 1 if it ignores the law.

(h/t: Sam Alders)

UPDATE: Mark Levin slams the judge for ignoring the Constitution in this case:

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