Court Rules Obama Admin Can’t Make Family-Run Business Obey Pro-Abortion HHS Mandate

National   |   Steven Ertelt   |   Mar 17, 2015   |   3:33PM   |   Washington, DC

The family-run business that was the very first company to file a lawsuit against the Obama administration HHS mandate, that forced companies to pay for abortion-causing drugs for their employees, won its legal challenge.

A federal district court issued a permanent injunction Monday in favor of Hercules Industries and its owners, who are represented by Alliance Defending Freedom attorneys. The decision follows a victory for Notre Dame against the HHS mandate and the biggest case most people know of is the Hobby Lobby victory against the Obama administration.

The mandate forces employers, regardless of their religious or moral convictions, to provide insurance coverage for abortion-inducing drugs, sterilization, and contraception under threat of heavy financial penalties through the Internal Revenue Service.

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“Americans should be free to live and work according to their faith without fear of punishment by the government,” said ADF Senior Legal Counsel Matt Bowman. “In this country, citizens have always had the freedom to believe, the freedom to express those beliefs, and the freedom to operate their businesses in accord with those beliefs. The Supreme Court upheld that time-honored principle in its Conestoga/Hobby Lobby decision just last year, and the district court has rightly done the same.”

ADF attorneys and allied attorneys represented Conestoga Wood Specialties in its victory at the U.S. Supreme Court.

The opinion issued by the U.S. District Court for the District of Colorado in Newland v. Burwell rejected the Obama administration’s argument that the administration must sign off on the injunction before the court can issue it.

“This proposed arrogation of authority offends the very structure of our government, and ignores the exclusive jurisdictional authority of the United States District Court to provide such relief,” the court wrote. “Notwithstanding [the administration’s] suggestion to the contrary, the injunction is entered under the jurisdictional authority of the United States District Court and it remains in full force and effect unless and until modified or dissolved by the District Court upon a showing of just cause or by order entered by the Court of Appeals following review.”

“You’re not free if your beliefs are confined to your mind,” said ADF Senior Counsel Kevin Theriot. “What makes America unique is our freedom to peacefully live out our beliefs, and the Constitution protects that freedom.”


A December 2013 Rasmussen Reports poll shows Americans disagree with forcing companies like Hobby Lobby to obey the mandate.

“Half of voters now oppose a government requirement that employers provide health insurance with free contraceptives for their female employees,” Rasmussen reports.

The poll found: “The latest Rasmussen Reports national telephone survey finds that 38% of Likely U.S. Voters still believe businesses should be required by law to provide health insurance that covers all government-approved contraceptives for women without co-payments or other charges to the patient.

Fifty-one percent (51%) disagree and say employers should not be required to provide health insurance with this type of coverage. Eleven percent (11%) are not sure.”

Another recent poll found 59 percent of Americans disagree with the mandate.