The Record Blog

Monday, January 7, 2013

Show-Me Obamacare Restraining Order

[ Patrick Tuohey ]

Most of Missouri's mainstream media hasn't reported on it, but the Show-Me State's Sharpe Holdings, Inc., headed by Charles Sharpe, has won a temporary restraining order against implementation of the contraceptive mandate in the Affordable Care Act, or Obamacare. The STL Beacon seems to be alone in their reporting.

Plaintiffs argued, as have others, that the Act infringed on their rights. Specifically,

Plaintiffs argue that immediate relief is required because they must identify a health plan and complete the enrollment process immediately, because the renewal date of their current employee health benefit plan is January 1, 2013 and because otherwise failure to follow the ACA Mandate will result in significant fines and penalties. They argue that they will likely succeed on their claims that the ACA Mandate violates RFRA, the Free Exercise Clause, the Establishment Clause, and the right against compelled speech."

In other words. Obamacare violates their religious freedoms. The money quote from Judge David D. Noce, who sided with the plaintiffs, seems to signal an eventual plaintiff victory:

the court concludes that plaintiffs have shown that the enforcement of the ACA mandate, and its substantial financial penalties, on their health plan would substantially burden their religious beliefs.

The preliminary injunction hearing set for Monday, January 14 in St. Louis Federal District Court.

Incidentally, Sharpe does not object to supplying birth control to employees but rather "Plan B, ella, copper IUDs, and related education and counseling" that "prevent a fertilized egg from implanting in the wall of the uterus, thereby leading to the ejection of the fertilized egg from the woman’s body, in other words, the abortion of the live fetus."

Sharpe Holdings v HHS

1/7/2013 11:44:40 AM

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