Legal Victory Against Obamacare Mandate on Abortifacients
A federal appeals court has agreed with three U.S. district judges and blocked the enforcement of the Obamacare “mandate” that would have forced a Missouri company to pay for health insurance including abortifacients in violation of the religious beliefs of the owners.
The 8th circuit court of appeals is the first from the appellate level among the dozens of cases challenging the Obamacare mandate. The order puts on hold the administration’s requirement for providing abortifacient birth control for the company of Frank R. O’Brien and O’Brien Industrial Holdings which operates several businesses that explore, mine and process refractory and ceramic raw materials.
Francis Manion, Senior Counsel from the American Center for Law and Justice said:
“By granting our motion, the appeals court blocks the implementation of the HHS mandate and clears the way for our lawsuit to continue – a significant victory for our client. The order sends a message that the religious beliefs of employers must be respected by the government. We have argued from the beginning that employers like Frank O’Brien must be able to operate their business in a manner consistent with their moral values, not the values of the government. We look forward to this case moving forward and securing the constitutional rights of our client.”
O’Brien, who is a Catholic, desires protection for his employees, from pressures to conform their religious beliefs to that of the secular administration. The company website states that their mission: “is to make our labor a pleasing offering to the Lord while enriching our families and society.”
This case is one of dozens in various states, seeking to protect the right of private employers to operate freely within their personal rights, to not provide abortifacient pharmaceuticals, such as the IUD and the “birth control pill” to their employees.
In addition, an amicus brief that has been filed in the O’Brien case warns that the mandate is unconstitutional because it failed to abide by the Administrative Procedures Act.
That requires that, “An agency rule would be arbitrary and capricious if the agency has relied on factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.”
Critically, the brief filed on behalf of the Bioethics Defense Fund and Life Legal Defense Foundation said, is the section that the regulation fails if “an important aspect” has not been considered.
It explains that the government failed entirely to consider “that the mandated drugs increase risk of disease rather than preventing disease.”
The brief lists many health concerns and grave risks associated with the mandate, including the following: oral contraceptive pills boost the risk of heart attack, stroke and complications, the risk of breast cancer increases, cervical cancer chances increase, uterine perforations from IUDs happen, and a surgical implant to reduce pregnancies can cause “serious thromboembolic events, including cases of pulmonary emboli (some fatal) and strokes.”
The 8th Circuit has set legal precedent already by affirming a South Dakota law that requires abortionists to inform women seeking to terminate the lives of their unborn babies they also face an increased risk of suicide.
This was the fourth ruling in the state by the court affirming the state’s right to support tightening the noose on the unhealthy and unsafe practices at abortion mills in their own state, saying:
“As a result of this case upholding all eight major provisions of South Dakota’s Abortion Informed Consent Statute, pregnant mothers will now be informed: 1) that ‘an abortion terminates the life of a whole, separate, unique, living human being;’ 2) that the mother’s ‘relationship with that second human being enjoys protection under the Constitution of the United States and the laws of South Dakota;’ 3) ‘that relationship and all rights attached to it will be terminated;’ and 4) the abortion places the mother ‘at increased risk for suicide ideation and suicide.”
The Obama administration forced this liberty and religious freedom quashing healthcare act down the throats of Americans, at a great detriment to our society. Abortionists, and Planned Parenthood lovers have always claimed to “not be pro-abortion, but rather pro-choice”, but now they are being seen for who they truly are, as they assisted in the drafting of the socialist Obamacare plan. They are being seen as people filled with vitriol who will stop at nothing to not only provide, but to promote death at any cost to tax payers and more importantly, the God-given and intrinsic right to human life. They saw that the majority of American’s reject abortion as a right, and they realize that abortifacients, with their high “failure” rate among the promiscuous, would only promote trips to the abortion mills, and have demanded it be provided to all employees in the nation, despite the objection of convictions heard around the nation.
May the courts continue to strike down the mandate. “Access to birth control and abortion” is not a problem in our nation. They should be far more concerned with the Lord God Almighty dealing with their screaming for increasing the amount of blood on their hands with forced legislation of death.