law books

The Thomas More Law Center files a motion to stop the HHS mandate

law booksThe Thomas More Law Center has filed an Emergency Motion for a Temporary Restraining Order for the founder and former owner of Domino’s Pizza. The motion asks that the HHS Mandate requiring employers to provide health insurance with contraceptive, sterilization, and abortion-inducing drug coverage be stopped from taking effect on January 1, 2013.  Tom Monaghan is a Catholic and firmly pro-life. Monaghan claims the HHS Mandate violates his religious liberty.

An attorney for the Thomas Moore Law center, Erin Mersino, requested that the Federal District Court hear the motion “at the earliest possible time.” If it is granted, Monaghan could continue providing insurance without contraceptive, sterilization, and abortion-inducing drug coverage.

The motion is part of a lawsuit filed by the Thomas More Law Center. The suit is the second the Center has filed against the HHS Mandate.

Another challenge to the HHS Mandate came from Hobby Lobby. However, the Supreme Court has denied Hobby Lobby’s request for protection from the Mandate as the company battles the Obama Administration in court, according to Fox News.

An earlier ruling against Hobby Lobby’s request came from the 10th Circuit Court of Appeals. According to the court, the company did not prove the Mandate would “substantially burden” their religious liberty.

Hobby Lobby says it will not obey the Mandate. According to the Christian-owned company, the finws for that action could equal $1.3 million a day.

On the web:

You can read the filing for a Temporary Restraining Order in the Domino’s Pizza case here.

  • http://www.facebook.com/john.doey.73700 John Doey

    Much like the Green’s at Hobby Lobby this lawsuit will be knocked down too. Employers have no say in their employees healthcare decisions.

    • Julia

      They do, if the employers are paying for those “health” decisions.

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Jordan Hooker–contact the Becket Fund. They are defending Holly Lobby.

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    JORDAN HOOKER:

    Holly Hansard Elliot–it
    looks like you have a lot of friends, who, are, not, quite versed, in
    the matter of when human life begins. Even, dare, I say, when, they
    began–as far as the color of their eyes, and, their genetic make up,
    goes. Father and Mother as Co-Creators, with God. Made in the image
    of…

    Holly Hansard wrote: Wrong. “The Morning After Pill” –if a conception took place, ends a pregnancy.

    Holly Hansard You
    looked at Holly’s facebook page, James Cordova Lingl? How can you do
    that? Only friends can look at my FB page. Do you mean, that you looked
    at my Profile picture, as thumbnail print, that reads, “When Human
    Life begins is not a theory, it’s a Scientific Fact.” via http://www.liveaction.org ?

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Holly Hansard wrote: See also, http://www.liveactionnews.org

    @All-of-those-who-don’t-realize-when-their-human-life-in-this-life-began-as-far-as-eye-color-goes,
    etc. (Smile) Have fun reading the blogs.

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Lisa Dotson Kilby wrote: My
    well wishes are with Ms. Duncan. I am not sure how this gets mixed up
    with the pro-life/pro-choice issue, but that is not the point of the
    lawsuit. Does the government have the right to impose a health care
    mandate, that an employer has a moral aversion to because of religious
    beliefs? And my answer; NO.

    Doug Newman wrote: Good for Hobby Lobby!

    Holly Hansard It’s
    hardly “ludicrous or cowardly” to “insist” upon your “right’ (ha!) to
    “decide” to, what, Kill your two or three your old girl child, who
    doesn’t fit into your life style, perhaps? @Jelena?

    Holly Hansard wrote: There
    is no such thing as an UNWANTED child, Jelena. If you might only see
    the files upon files upon files of parents, desperately wanting
    children, unable to have children of their own… Or, wanting to adopt
    another child, after they are unable to conceive another child, after
    the birth of their first child–as was the case of my cousin and his
    wife… Look, Jelena Woehr…obviously your are a mega-pro-abort, who
    has, as it appears, no sense of the GIFT, the RARE GIFT of Human life.
    (MERCY) I saw, many of these files upon files upon files of parents, in
    1990 when, I was “with” my son, prior to his birth. I even interviewed
    with many of them… Seeking “the best” parents, for my son, who, was
    soon to be born. We are talking the GIFT of ALMIGHTY GOD. I am. And,
    yeah, the “morning after pill” does cause what is known as, a chemical
    abortion, if a conception took place. But, yes, all of that, is, ‘beside
    the point”- on the matter of Holly Lobby, as a company, not being
    “into” supporting, not only the the funding, of, the “Morning after
    Pill” for women, like you, Jelena–but, also Two day, Partial birth,
    CHEMICAL abortions, partial birth, and other, surgical abortions. It’s
    their religious liberty… (MERCY)

    Holly Hansard wrote: A hot bed of pro-aborts, I stumbled upon. Wow! What, a bunch. (smile) Ha!

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Elliot Fladen wrote: Forget
    whether you agree with Hobby Lobby’s substantive position. Personally I
    do NOT agree with it. I said to forget it because this debate is NOT
    about said position. Its about the right of Hobby Lobby to HAVE IT. In
    other words, their right be wrong. And I support their right to be
    wrong.

    Lisa Dotson Kilby wrote: Just
    because your insurance policy does not cover plan b, does not prevent
    you from getting the morning after pill. It just means you have to spend
    the 50 bucks to get it. No more, no less.

    Holly Hansard wrote: Mega-Pro-Abort,
    Jelena Woehr –You are, as it appears, avoiding, the fact that abortion
    harms a child of God’s heart, and, that, you have just advocated for
    the out right harming of that child unto the death. That is your,
    “choice” as it appears. Just know, that your LIFE, as far as what
    color your eyes are, and genetic make up goes, began at the moment, of
    your, conception, in your Mother’s womb. See also, http://www.giannajessen.com
    — Gianna Jessen, as you may or may not know, is the inspiration, for
    the movie, “October Baby.” She is also a fabulous vocalist. And, a
    sweet heart.

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Lisa Dotson Kilby wrote: I
    have to admit; I am more passionate about the rights of religiously ran
    institutions, i.e., Catholic hospitals, charities, and human help
    services. I do distinguish the difference. By the way, I also find it
    absurd that devoutly religious Muslims must now purchase health
    insurance when it goes directly against their beliefs. The government
    should stay out of our business.

    Lisa Dotson Kilby wrote: I
    would assume Hobby Lobby does not challenge the use of birth control
    (I’m not sure) and/or tuba ligation, which is more to your point. They
    believe that life begins immediately, and there should be no
    interruption. I am with Elliot Fladen, this is not my belief, but who am I to force my ideas on their beliefs.

    Lisa Dotson Kilby wrote: I
    can concede some of your point, but I cannot get all femi-nazi over
    something that is $50, would likely be used one time by very few of
    their female employees; and if this is someone’s form of birth control,
    they need to be slapped upside their head.

    Holly Hansard wrote: I love you, Lisa Dotson Kilby. (smile)

    Holly Hansard wrote: Thank you for your voice of reason. And, your voice of good, humor, perhaps?

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Holly Hansard wrote: Holly
    Lobby (Note: This is the very first week that I have ever Heard of
    Holly Lobby before. I didn’t even know such a business or Company
    existed prior to this week.) Holly Lobby, though, not a “religious
    order” –as, it appears, as a business, has, or should have certain,
    unalienable, rights, not the least of which, is to not BE FORCED under
    PENALTY of the IRS TAX CODE LAW (OMG!)–or what ever it, is, “THE BAD
    LAW” – (so called) THE BAD DECISION OF SUPREME COURT JUDGE ROBERTS (etc)
    — to aid and abet the likes of the MARXISTS and MAO-ISTS, and
    PRO_ABORT HUMANISTS, and peeps-who-simply haven’t-given it-more-thought,
    who, see, ‘NOTHING WRONG” –with HARMING LIFE, CONCEIVED IN LIBERTY.
    Conceived in Liberty. or, not CONCEIVED in Liberty, A PERSON, AT ANY
    AGE. A PERSON, is a PERSON, NO MATTER HOW SMALL OR NOT SMALL, is a
    person, even if “THE LAW” in error, or by neglect, or by omission, or,
    even by other, previously, ill-conceived, Supreme Court Decisions
    against common sense, and matter of fact, reality, doesn’t recognize a
    person, as a person. Holy Lobby, as a private enterprise, as a private
    business, and a business, in, my personal opinion, is correct in their
    decision, to stay true to their conscience, according to LAW, even the
    LAW OF LOVE. By their Christian Testimony. Christian Faith. And,
    Christian belief. Yeah, “made in the imagine and likeness of God.” Yes,
    “person.” // Even as, Judge Roberts, and, others, are, or may be, in
    gross error, in their opinion, that, this ‘TAX” is, somehow, “LAWFUL”
    according to our U.S. Constitution, in Love and in Truth, unadulterated,
    and untwisted, un- marx-if-ied and un-mao-isti-afied. (OMG!) Or, what
    ever it is, or was, or was not done to THE LAW. THE LAW OF OUR LAND, IN
    THE HIGHEST AND TRUEST, SWEETEST SENSE OF, AND INTENT OF, THE WORD,
    EVEN THE WORD, OF, AND, THE RIGHT UNDERSTANDING, OF, “THE LAW” –EVEN,
    DARE I SAY, AMERICAN LAW, IN FREEDOM’S HOLY NAME. And, I know, what I
    have just written, isn’t perfect in concept. Nor, did I write, what I
    wrote, as a simple and clear, explanation.

    Holly Hansard wrote: So,
    if a private companies “right to life” credo, by personal religious or
    philosophical, belief, or feeling, in good, conscience, voices their
    WILL to not be FORCED in these United States of America, to pay some
    MARXIST-Or-MAOIST_ or God knows what-type, so, called “TAX” –(OMG)-
    that is designed and created to aid and abet the MURDER OF THE HOLY
    INNOCENCE– they should, be applauded, I think, and, NOT persecuted. //
    If this INTERFERES WITH, the personal OPINION (Not scientific fact),
    of the Megalithic- Pro-Abort Activists, too bad.// AS IT APPEARS, at
    least in some quarters, some of these otherwise, well meaning,
    Megalithic Pro-Aborts, commonly REFER TO, their “ORGANS” or, ANOTHER
    woman or girls, “ORGANS” as though their “ORGANS” were, GOD. A god for
    them, to CONTROL. That, which is commonly known as “ABORTION” is,
    actually, more akin to a SATANIC RITE. Rather, than, a Christian Rite,
    or Ritual, by tradition, by practice, and, by results. It’s not a Rite
    of Life. For the Record, today, 12/28/2012 is, by Christian Tradition,
    by Culture, by Western Civilizations, Heritage, and History, and by
    both, Historical and Current event, Wholly Significant, is, as it
    happens, to be, that which is known, as, “THE FEAST DAY OF THE HOLY INNOCENCE.” (Note also: For the Record, in the event any one wondered, I’m not even Catholic. Though, my sister and her husband, are.)

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Eric N. Kniffin wrote: For
    anyone interested in learning more about the religious, ethical,
    scientific, statutory, and constitutional bases for the legal claims
    Hobby Lobby and more than 100 other plaintiffs have brought against the
    government over the HHS Mandate, I invite you to take a gander here: http://www.becketfund.org/hhsinformationcentral/. Look to our FAQ, linked at this page, for a good overview.
    HHS Mandate Information Central | Becket Fund http://www.becketfund.org

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Eric N. Kniffin wrote: Briefly,
    the debate over whether abortion is moral is besides the point.
    Consider another example. The government can subsidize ad campaigns to
    encourage people to eat more pork. It can subsidize pig farmers. But
    that has no bearing on whether it may coerce kosher delis into providing
    pork sandwiches, over their sincere religious objections. The
    government may do lots of things to encourage pork consumption, but
    threatening Jewish delis with ruinous fines is not one of them. And of
    course kosher delis do not have to be organized as non-profits to enjoy
    this constitutional protection.

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Holly Hansard wrote: @Eric N. Kniffin. Yep! –Thanks for the clarity!

    Elliot Fladen wrote: Jelena Woehr and Charlotte Klasson see – Eric Kniffin’s comments. He is one of the attorneys at Becket Fund

    Eric N. Kniffin wrote: Neither
    Hobby Lobby nor a kosher deli are trying to control other people’s
    behavior. All they seek is the right to serve their communities
    according to their own consciences.

    Holly Hansard @Elliot Fladen.

    Elliot Fladen Caleb Bonham and Jimmy Sengenberger – please see this discussion

    Eric N. Kniffin wrote: Jelena,
    do you think the government can force Hobby Lobby to stay open on
    Sunday so that its workers can have more hours? Likewise, can the
    government force Jewish delis to open on Saturdays for the benefit of
    their non-Jewish employees?

    Jimmy Sengenberger wrote: Much too long, Elliot Fladen! Care to summarize? Lol.

    Holly Hansard wrote: Oh, come on, Jimmy. (smile) Ha! (smile) He did an excellent, job, at summary.

    Elliot Fladen wrote: Just read comments since Eric N. Kniffin of the Becket Fund weighed in.

    cc: Brad Wagnon, Laurie Bratten, Cheri Ofner, Mark Waller

    Eric N. Kniffin wrote: Charlotte,
    this is not an issue about “naughty parts.” We would be having this
    same conflict if the federal government mandated coverage of assisted
    suicide, right?

    Holly Hansard wrote: Yes.
    I think, so, Eric. If they “mandated” paying for the “OFFING” of 16
    year olds, who, don’t comply with SHARIA LAW, we might also be having
    this discussion. (Hopefully, we would!)

    Holly Hansard wrote: Actually,
    if they even ALLOWED for the “OFFING” of 16 year old girls who didn’t
    comply with SHARIA LAW in these united states of AMERICA, we would be
    having this discussion. (Hopefully we would.) Never mind, the
    “mandating” of the paying for the “OFFIING” of non-Sharia Law compliant,
    16 year old’s, or, what-have-you-old’s… But, yes, FREEDOM OF GOOD
    CONSCIENCE IN BIZ.

    Jimmy Sengenberger wrote: Eric’s arguments are both sound and reasonable. I just can’t see the other side on this one.

    Elliot Fladen wrote: The boss isn’t making the decision for you Charlotte Klasson.

    Holly Hansard wrote: I
    LOVE THE VOICE OF SOUND MINDED ATTORNEYS AT LAW! REALLY, I DO! THANK
    YOU! I LOVE THE VOICE OF REASON AND LOGIC! THANK YOU! Something, is
    truly beautiful about it!

    Elliot Fladen wrote: Thinking what you deserve =/= making decision for you.

    Elliot Fladen Holly Hansard -wrote: if you like this discussion, can you encourage your friends to donate to Becket Fund?

    cc: Jim Pfaff

    Holly Hansard Ha! (Smile) Will do! (Smile) @Elliot Fladen. Not that I have any friends.
    Or, friends that have funds to donate, But, in the event, that I have
    any friends, and, have friends, that have funds to donate, I will. I’ll
    put the word, out, thanks! …See More

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Eric N. Kniffin wrote: Holly,
    there are of course limits to the right to free exercise of religion.
    The government’s compelling interest in stopping people from murdering
    each other obviously cannot be adequately advanced if it must grant
    exemptions to Mayans who want to per…See More

    Eric N. Kniffin wrote: Robin, do you think that media corporations (i.e. newspapers and TV networks) have the First Amendment right to free speech?

    Holly Hansard wrote: “So
    it is emphatically not the case that the government must coerce
    objecting employers in order to advance its interest in increasing
    access to contraceptives.” Agreed. @Eric

    Eric N. Kniffin wrote: Robin,
    do think that churches (organized as non-profit corporations) have the
    First Amendment right to free exercise of religion?

    Holly Hansard wrote: Exactly.
    And, as it appears, if, there be “interest” in and of, this GOVERNMENT
    in these United States of America, under AMERICAN LAW for AMERICAN
    COURTS, in TRUTH, and in LOVE, according to LAW, I wonder, what
    “interest” that, might be. What, “inter…See More

    Holly Hansard wrote: Yes,
    in “Lawyer talk” (smile) > /// That is why, in lawyer-talk, the HHS
    Mandate is not “narrowly tailored” and fails “strict scrutiny.” // Re:
    Holly, there are of course limits to the right to free exercise of
    religion. The government’s compelling …See More

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Mary Griggs wrote: Bullshit,
    Eric. The right of women to make determinations about family planning
    has been legal since Griswold v. Connecticut in 1965 and becoming a
    employee doesn’t not negate that right. Health coverage is a benefit and
    employers have no right attempting to dictate the medical decisions of
    their employees.

    Brad Wagnon wrote: Mary
    Griggs. In becoming an employee, the person is not giving up ANY
    right. The employee still has the option to safely and legally obtain
    contraception. The employer is no more denying a right, than an
    anti-alchohol minded employer is when they sa…See More

    Holly Hansard wrote: This,
    Holly (me, Holly), is Lobbing for Holly Lobby: Donations to the Becket
    Fund, which is representing Hobby Lobby, can be made here :
    https://www.becketfundcommunity.org/SupportUs
    Donate Now – The Becket Fund http://www.becketfundcommunity.org

    Holly Hansard wrote: “Bull
    Shit, Eric?” Oh, Really? @Mary Griggs. You are, incorrect. It’s also a
    “legal right” for adults to, buy, beer. Religious and Philosophical
    beliefs and conscience is a real factor here in this case of Holly
    Lobby. (smile.) //I must, say, I love their name. // Just learning of
    them, this week.

    Holly Hansard wrote: “The
    right of a woman to make determinations about family planning”–OK.
    But, of course, this would not be in the case under Sharia Law, on the
    matter, of, a woman or a girl, being sold into “sexual slavery” is she
    wasn’t a Muslim, or, if she, or her …See More

    Eric N. Kniffin wrote: Mary,
    not so. Prior to the HHS Mandate, no federal law, including the
    Pregnancy Discrimination Act, required employers to provide coverage for
    prescription contraceptives. See In re Pacific Union Railroad
    Employment Practices Litigation, 479 F.3d 936 (8th Cir 2007).

    http://lawprofessors.typepad.com/laborprof_blog/2007/03/8th_cir_pda_doe.html
    Workplace Prof Blog: 8th Cir: PDA Does Not Cover Contraception lawprofessors.typepad.com
    There is an important decision out today from the 8th Circuit in a class action …See more
    3 hours ago · Unlike · 2
    Eric N. Kniffin wrote: THIS
    IS NOT ABOUT ACCESS TO DRUGS. Emergency contraceptives are readily
    available without a prescription. You can even buy them through Amazon: http://www.amazon.com/Emergency-Contraceptive-purchase-without-prescription/dp/B003FBI8WS
    Plan B One Step Emergency Contraceptive Must be 17 or over to purchase without a prescription 1 ea http://www.amazon.com
    Plan B emergency contraceptive
    3 hours ago · Like · 2
    Shannon Attridge wrote: It’s not about access but affordability. A female employee at Hobby Lobby would have to work 6 hours to buy EC on her own.

    Eric N. Kniffin wrote: Shannon,
    not so. The federal government *already* ensures that family planning
    is affordable to low income women. Title X clinics and services are
    available for free to women below the poverty line, and on a sliding
    scale to women between 100% and 250% of the poverty line.

    http://www.prochoiceamerica.org/media/fact-sheets/birth-control-family-planning-title-x-fast-facts.pdf4
    http://www.prochoiceamerica.org/media/fact-sheets/birth-control-family-planning-title-x-fast-facts.p http://www.prochoiceamerica.org

    Holly Hansard wrote: Holly Lobby welcomes you to support the Legal Team Defending them: https://www.becketfundcommunity.org/SupportUs
    Donate Now – The Becket Fund http://www.becketfundcommunity.org

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    Eric N. Kniffin wrote: Further,
    Shannon, the woman in your hypothetical is making minimum wage. She is
    presumably not a full time employee, thus she is not getting health
    benefits from her employer anyway. If so, Title X will continue to be
    her route to affordable family planning, not the HHS Mandate.

    Holly Hansard wrote: How
    high, the price, of LOSS of personal and Philosophical and Religious
    Liberty? And, freedom of Conscience? Even in business? In these United
    States of America? Shannon Attridge? The U.S. Constitution, affirms the
    RIGHT TO LIFE. As does the declaration of Independence. Freedom of
    Conscience. Freedom of Religion. “Freedom,” even Freedom, of WOMAN, is,
    a RARITY.

    Holly Hansard wrote: A
    Woman’s Right to Abort her, child, even at Post-Term, how, is that
    “FREEDOM?” How, does that, lend itself, to, “Life, Liberty, and the
    Pursuit” of, a clear conscience? Holly Lobby owners, have a conscience,
    and a legitimate, conscientious OBJECTION, …See More
    e
    Jimmy Sengenberger wrote: Regardless
    of one’s feelings on abortion “rights,” this is about religious
    freedom. It really has nothing to do with the issue of abortion. So
    far no arguments have at all pierced the shield that is Eric N. Kniffin’s.

  • http://twitter.com/WhollyAmericana Holly of Hollywood

    JORDAN HOOKER– NOT NECESSARILY IN CHRONOLOGICAL ORDER…

  • Richard

    Imagine debating a pro-abort type person, and while in the midst of impeaching you they cite facts and statistics from THEBLAZE.COM. They proclaim “you are wrong because THEBLAZE.COM says this…”. How would that make you feel as a pro-life person? Would you feel a sense of validation that your position has merit? When the opposition uses your side for reference, you absolutely would.

    Getting to the truth is the most important part of any issue. And if both sides cite the same source, I think we’re in agreement the source is true.

    A contributor to this site,

    Calvin Freiburger

    http://rightcal.blogspot.com/

    while supporting his pro-life position on December 8, 2012, cited the Guttmacher Institute. Here is their most recent video:

    Here is Mr. Freiburger’s quote:

    “Your premise that “women” per se is who we’re talking about is yet another lie, when the truth is that we’re merely talking about one subset of women. Guttmacher says a little less than a quarter of pregnancies end in abortion, and women are often *more* pro-life than men. That means the clear majority of women ARE smart, strong, and just enough to see through the lie and do the right thing. The subset who consider abortion consists of those who either have been lied to by your side about what abortion does and what their baby is, are in circumstances where they’re not thinking clearly, or are so callous that they don’t care that they’re murdering their offspring”.

    Mr. Freiburger has, therefore, decidedly given credibility to the statistics supplied by the Guttmacher Institute, consequently giving it respectability in the eyes of the pro-life movement.

    The next time you are told the elimination of Planned Parenthood is a just act, consider this video.

    Mr. Freiburger gives you his blessing.

    http://www.lifenews.com/2012/12/21/guttmacher-institute-stands-by-misleading-abortion-study/

    http://www.guttmacher.org/

  • Pingback: Court bocks enforcement of HHS mandate against Tom Monaghan and company

  • First Citizen

    Stand with Hobby Lobby Petition http://www.ipetitions.com/petition/stand-with-hobby-lobby/
    Please promote this petition we are not getting as much success as we hoped.