There has been a lot of talk about the first big decision enjoining the application of the controversial HHS mandate. On Friday, the U.S. District Court in Colorado granted an injunction on behalf of a family business owned and operated according to the family’s Catholic principles. On August 1 when other companies like them across the country will have to choose between complying with the law and complying with their consciences, the Newland family at least will be able to go on with business as usual.
The case isn’t complete yet; the injunction only stays enforcement of the law against the Newland family and their company, Hercules Industries, until the judge has the opportunity to rule on the merits. But Friday’s decision suggests that the judge (a Carter appointee, and hardly a conservative zealot) will find several aspects of the government’s arguments pretty hard to swallow.
The government has exempted over 190 million health plan participants and beneficiaries from the preventive care coverage mandate; this massive exemption completely undermines any compelling interest in applying the preventive care coverage mandate to Plaintiffs.