A THIRD FEDERAL JUDGE ISSUES INJUNCTION AGAINST HHS CONTRACEPTION MANDATE

This is the third such injunction to be issued in less than six months.

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.

In early November, just before the 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.

And last Friday, Judge Reggie B. Walton of the U.S. District Court for the District of Columbia issued another injunction in Tyndale House Publishers v. Sebelius (Tyndale House is a privately held Christian publisher of books, Bibles, and digital media):

The Court has no reason to doubt … that Tyndale’s religious objection to providing insurance coverage for certain contraceptives reflects the beliefs of Tyndale’s owners. Nor is there any dispute that Tyndale’s primary owner, the Foundation, can ‘exercise religion’ in its own right, given that it is a non-profit religious organization.

That last sentence presents a serious problem for the Obama DOJ. In the other two cases in which injunctions were granted, the DOJ claimed the plaintiffs were somehow not protected by the First Amendment because they were for-profit enterprises.

In this case, the Obama administration lawyers couldn’t use that argument. So they argued that Tyndale House isn’t religious enough for an exemption from the mandate. In other words, they’re just making it up as they go along, pretending the First Amendment doesn’t exist.

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