SYS-CON MEDIA Authors: Pat Romanski, Elizabeth White, Yeshim Deniz, Nikita Ivanov, Sean Houghton

News Feed Item

ACLJ Applauds Federal Court Injunction Against HHS Mandate For Missouri Business Owners

WASHINGTON, Dec. 21, 2012 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), a pro-life legal organization that focuses on constitutional law, applauds yesterday's granting of a preliminary injunction by the U.S. District Court in Springfield, Missouri ordering the federal government not to enforce the HHS "preventive services" mandate against a group of family owned businesses who object to complying with it on religious grounds. Judge Richard Dorr's order granting the injunction may be found here.

The ACLJ represents Paul and Henry Griesedieck, who own and control four companies that are involved, generally, in the business of wholesale scrap metal recycling and manufacturing of recycling machines. The four companies are: Springfield Iron and Metal located in Springfield, Missouri; American Pulverizer and City Welding – both located in St. Louis, Missouri; and Hustler Conveyor, which is located in O'Fallon, Missouri. The companies employ approximately 150 people who are covered by three separate health insurance policies. The owners, who are Evangelical Christians, contend that the HHS mandate requiring coverage for abortion-inducing drugs – including the "morning-after pill" – violates their religious belief that they may not pay for such services.

In granting the injunction, Judge Dorr first noted that a decision in late November by the 8th Circuit Court of Appeals in another ACLJ case, O'Brien Industrial Holdings, Inc. vs. HHS, et al., was strong precedent in favor of the Griesediecks' claim. The court went on to find, however, that the government's argument that any causation between the Griesedieck Companies and the use of the objected-to services would be broken by their employees' own decisions to use those services was directly contrary to well established Supreme Court precedent. Judge Dorr also observed that the government's argument that the mandate is necessary to further a compelling governmental interest was contradicted by the presence in the mandate of exemptions covering tens of millions of employees. In Judge Dorr's words, "these exemptions undermine any compelling interest in applying the preventative coverage mandate to Plaintiffs."

Francis J. Manion, Senior Counsel for the ACLJ, said of the court's ruling: "We are very pleased that the Court agreed that the Griesediecks' right of religious liberty deserves protection while this case moves forward. The mandate is an unprecedented attack on the first right protected in our Bill of Rights. The government simply cannot demonstrate that there is some compelling need to force all religious objectors to conform to its dictates on this issue. That's not how this country was envisioned by its Founders. They sought to give the widest berth possible to diverse religious views and practices – not to coerce all citizens into obeying whatever secular orthodoxy happens to be in vogue at any given time."

The Griesediecks' case is the ACLJ's third direct challenge to the Department of Health and Human Services (HHS) on the basis that the mandate violates the religious beliefs of business owners. The Griesedieck lawsuit, filed in U.S. District Court in Springfield, Missouri, contends that the HHS mandate violates constitutional and statutory rights by requiring the four Missouri companies owned by the family to purchase health insurance for employees that includes coverage for abortion-inducing drugs. The ACLJ argues that the HHS mandate violates the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act.

The ACLJ is being assisted in this case by Missouri attorney Todd A.Nielsen of Kansas City, MO.

Led by ACLJ Chief Counsel Jay Sekulow, the ACLJ is based in Washington, D.C. and is online at www.aclj.org.

MEDIA  CONTACTS: 

For Print: Gene Kapp  (757) 575-9520

For Broadcast:  Chandler Epp (770) 813-0000

SOURCE American Center for Law and Justice

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
The 3rd International Internet of @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that its Call for Papers is now open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.
In her General Session at 15th Cloud Expo, Anne Plese, Senior Consultant, Cloud Product Marketing, at Verizon Enterprise, focused on finding the right mix of renting vs. buying Oracle capacity to scale to meet business demands, and offer validated Oracle database TCO models for Oracle development and testing environments. Anne Plese is a marketing and technology enthusiast/realist with over 19+ years in high tech. At Verizon Enterprise, she focuses on driving growth for the Verizon Cloud platfo...
The Internet of Things will put IT to its ultimate test by creating infinite new opportunities to digitize products and services, generate and analyze new data to improve customer satisfaction, and discover new ways to gain a competitive advantage across nearly every industry. In order to help corporate business units to capitalize on the rapidly evolving IoT opportunities, IT must stand up to a new set of challenges. In his session at @ThingsExpo, Jeff Kaplan, Managing Director of THINKstrateg...
SYS-CON Events announced today Isomorphic Software, the global leader in high-end, web-based business applications, will exhibit at SYS-CON's DevOps Summit 2015 New York, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Isomorphic Software is the global leader in high-end, web-based business applications. We develop, market, and support the SmartClient & Smart GWT HTML5/Ajax platform, combining the productivity and performance of traditional desktop software ...
The Internet of Things is tied together with a thin strand that is known as time. Coincidentally, at the core of nearly all data analytics is a timestamp. When working with time series data there are a few core principles that everyone should consider, especially across datasets where time is the common boundary. In his session at Internet of @ThingsExpo, Jim Scott, Director of Enterprise Strategy & Architecture at MapR Technologies, discussed single-value, geo-spatial, and log time series dat...
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete...
SYS-CON Events announced today that Gridstore™, the leader in hyper-converged infrastructure purpose-built to optimize Microsoft workloads, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Gridstore™ is the leader in hyper-converged infrastructure purpose-built for Microsoft workloads and designed to accelerate applications in virtualized environments. Gridstore’s hyper-converged infrastructure is the ...
There's Big Data, then there's really Big Data from the Internet of Things. IoT is evolving to include many data possibilities like new types of event, log and network data. The volumes are enormous, generating tens of billions of logs per day, which raise data challenges. Early IoT deployments are relying heavily on both the cloud and managed service providers to navigate these challenges. In her session at Big Data Expo®, Hannah Smalltree, Director at Treasure Data, discussed how IoT, Big D...
The 4th International DevOps Summit, co-located with16th International Cloud Expo – being held June 9-11, 2015, at the Javits Center in New York City, NY – announces that its Call for Papers is now open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's large...
The Internet of Things promises to transform businesses (and lives), but navigating the business and technical path to success can be difficult to understand. In his session at @ThingsExpo, Sean Lorenz, Technical Product Manager for Xively at LogMeIn, demonstrated how to approach creating broadly successful connected customer solutions using real world business transformation studies including New England BioLabs and more.
WebRTC defines no default signaling protocol, causing fragmentation between WebRTC silos. SIP and XMPP provide possibilities, but come with considerable complexity and are not designed for use in a web environment. In his session at @ThingsExpo, Matthew Hodgson, technical co-founder of the Matrix.org, discussed how Matrix is a new non-profit Open Source Project that defines both a new HTTP-based standard for VoIP & IM signaling and provides reference implementations.
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete...
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In his session at Internet of @ThingsExpo, James Kirkland, Chief Ar...
"SAP had made a big transition into the cloud as we believe it has significant value for our customers, drives innovation and is easy to consume. When you look at the SAP portfolio, SAP HANA is the underlying platform and it powers all of our platforms and all of our analytics," explained Thorsten Leiduck, VP ISVs & Digital Commerce at SAP, in this SYS-CON.tv interview at 15th Cloud Expo, held Nov 4-6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
SAP is delivering break-through innovation combined with fantastic user experience powered by the market-leading in-memory technology, SAP HANA. In his General Session at 15th Cloud Expo, Thorsten Leiduck, VP ISVs & Digital Commerce, SAP, discussed how SAP and partners provide cloud and hybrid cloud solutions as well as real-time Big Data offerings that help companies of all sizes and industries run better. SAP launched an application challenge to award the most innovative SAP HANA and SAP HANA...