Eagle Forum Legislative Alerts

Tuesday, January 21, 2014

Victory Against Obamacare Mandate

The U.S. Court of Appeals for the D.C. Circuit delivered a stunning ruling in favor of business owners who object to the Obamacare mandate requiring them to provide abortifacients and contraceptives for their employees. The brilliant 2 to 1 decision was written by Judge Janice Brown. Judge Brown has been defender of liberty on the court for nearly 10 years. She served on the California Supreme Court, where she championed conservative principles. She wrote an opinion defending the right of Catholic charities to adhere to religious beliefs and omit contraceptive coverage for employees. She also defended a California law that required parental notification when minors have abortions. Liberals hate Judge Brown so much that they stalled her nomination to the D.C. Court of Appeals for two years.

The current case called Gilardi v. HHS, Judge Brown dismantled the nonsensical liberal claim that the mandate affects only those seeking contraception coverage. She wrote that “[t]he burden on religious exercise occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan.” Since the mandate directly interferes with the owners’ decisions about what to include, the Court held, it infringes on religious liberty. Judge Brown made clear that religious freedom was no small matter: if the business owners “abide by the sacred tenets of their faith,” she wrote, “they would have to pay a penalty of over $14 million … crippling the companies they have spent a lifetime building.”

Judge Brown’s brilliant and convincing decision is a breath of fresh air. And we pray that the Supreme Court will uphold it and make it the law of the land.

Listen to the radio commentary here:

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