Fighting the HHS mandate

A long and winding road.

Kathleen Sebelius, Barack Obama's HHS Secretary.

Kathleen Sebelius, Barack Obama’s HHS Secretary.

The HHS mandate, which requires employers to provide abortion-inducing drugs within insurance plans for employees, has caused many cases to be filed in protest, arguing that this mandate violates the freedom of religion. While cases such as the Hobby Lobby’s have received more attention, over 40 have been filed in total.

Alliance Defending Freedom published a breakdown of the cases, including whether the business involved is for-profit business or non-for profit and what type of relief was granted or denied. Here is a summary of that breakdown:

Out of the fifteen cases that were filed by for-profit business, almost half (seven) have received an injunction, causing the penalties imposed in the HHS mandate not to take effect against the companies until their respective cases have been heard on the merits. Two of these cases are on appeal, while five (including Hobby Lobby’s) have had the injunctions denied. The Hobby Lobby case is the only HHS mandate case to have made it up to the Supreme Court level. One for-profit case is awaiting the outcome on whether or not it will be dismissed.

Twenty-nine cases have been brought by non-profit companies against the HHS mandate. These cases have met with arguments that they were filed too early, due to the “protection” of the Temporary Enforcement Safe Harbor and a new rule-making process. Only one case has survived a Motion to Dismiss, while seven have already been dismissed. Fifteen cases are currently pending the outcome of a Motion to Dismiss. Four cases have been stayed, and two are too early in the process to have received an outcome. For many cases that have been dismissed, an appeal will be brought to continue to fight against the provisions of the mandate.

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