Status Report on HHS Mandate

by Ed Whelan

By my count, in six of eight cases, the owners of for-profit businesses have obtained injunctive relief against the HHS mandate. (According to this report, there has also been a temporary restraining order entered in a ninth case.) That’s little consolation, of course, to the two sets of owners who have failed to obtain relief—the members of the Green family who own Hobby Lobby and the members of the Kennedy family who own Autocam. (A district judge in Michigan denied relief to the Kennedys earlier this week, and the Sixth Circuit yesterday denied their motion for relief pending appeal.)

The flurry of recent rulings on the HHS mandate has occurred because the mandate kicks in on January 1 against for-profit employers who have “plan years” for their health-insurance plans that correspond to the calendar year.