Last July, Judge John Kane of the U.S. District Court for the District of Colorado issued an injunction forbidding the government from taking action against a company called Hercules Industries for refusing to provide contraceptive coverage to its employees.
Largely unnoticed due to the impending election, District Court Judge Robert Cleland of the Eastern District of Michigan recently issued a similar injunction halting enforcement of the HHS mandate against Weingartz Supply Company and its owner:
The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury … The harm in delaying the implementation of a statute that may later be deemed constitutional must yield to the risk presented here of substantially infringing the sincere exercise of religious beliefs. The balance of harms tips strongly in Plaintiffs’ favor. A preliminary injunction is warranted.
This is significant because it is the second such injunction that protects a family-run enterprise against the contraception mandate. As in the Hercules case, this plaintiff merely seeks to operate his company in a way that reflects his religious beliefs.
That right, despite the bizarre arguments of the Obama DOJ, is clearly protected by the First Amendment. So this is another win for the good guys. Let’s see if the Obama regime obeys the ruling. They have thus far shown little regard for the law in these cases.