The U.S. Court of Appeals for the District of Columbia has granted an injunction which excuses the businesses owned by Frank and Phil Gilardi, of Ohio, from compliance with the Obamacare HHS mandate. The Gilardi’s own food distribution businesses, and operate them in accordance with their Catholic beliefs. Their health insurance does not cover contraception and abortion. After a final emergency appeal from the ACLJ, the Court of Appeals, changed their position on March 29th, allowing the Gilardis to continue to freely practice their religion in their business operations, while their lawsuit opposing the HHS mandate proceeds through the courts. This is the fifth injunction obtained by the American Center for Law and Justice against the HHS Mandate of Obamacare.
The 2005 Blagojevich edict forcing pharmacists to dispense the morning after pill and all other birth control drugs without question or delay, suffered a second defeat, this time in appellate court. In 2011 the trial court had found that the law was invalid because it targeted a specific group, and that Illinois law prohibits discrimination in licensing those who cannot provide a particular service due to religious beliefs.
This lawsuit, which passed its second review, was the one involving pharmacy owners, Luke VanderBleek and Glenn Kosirog. Another lawsuit, which ended in favor of conscientious objectors, involved employee pharmacists in the same state.
The Appellate court opinion is available HERE.
VanderBleek and Kosirog have been represented since 2005 by attorneys of the ACLJ and the Becket Fund.
There are dozens of federal lawsuits based upon the violations of human rights, that are expressed in the Sebelius HHS Mandate of Obamacare. At issue is its funding of birth control, sterilization and abortion, by forcing people to pay for it in violation of their religion. Obamacare also provides these services to minors without parental consent. Alliance Defense Fund has a fact sheet explaining these aspects of Obamacare.
The Colson center outlines the coming legal challenges to Obamacare in an article HERE.
In addition to religious affiliated organizations, private businesses owned by people of conscience are also filing suit against the Obamacare mandate, for example, O’Brien Industrial Holdings, LLC, represented by the American Center for Law and Justice.
O’Brien Industrial Holdings LLC, in Missouri, is chaired by Frank O’Brien, and underneath that entity is a group of mining, exploratory and processing companies. The mission statement at the corporate website is summarized: “to make our labor a pleasing offering to the Lord while enriching families and society. O’Brien is an entrepreneur whose faith drives him to do much more than the mere ritual that Obama would permit.
Unlike Obama’s “freedom of worship” idea, the First Amendment guarantees freedom of religion, which is belief that governs activities 24/7.
ACLJ’s Frank Manion, who represents O’Brien and his company, said:“The HHS contraception mandate tells people like Frank O’Brien that they have to choose between conducting their business in a manner consistent with their moral values, or conducting their business in a manner consistent with the government’s values. The constitution does not allow the government to impose such a choice.”
Prayers for the success of this lawsuit against the tyrannical Obama regime.
Over at Jill Stanek’s Place, a smoking hot whistleblower case against Planned Parenthood is detailed.
The case, filed in the Eastern TX Lufkin Division of the United States District Court, alleges widespread fraudulent billing practices designed to maximize income drawn in from Medicaid.
Karen Reynolds, represented by the ACLJ, worked as a health care assistant for 10 years, ending in 2009, in the Lufkin, TX Branch of Planned Parenthood. She reported a practice of maximizing income from Title XX, Medicaid and Womens Health Program using fraudulent billing practices which included charging for services not rendered nor appropriate, and for abortion related services disguised as otherwise.
Memos and email provided by Reynolds indicate that employees at Planned Parenthood Gulf Coast were trained to provide and bill for services based upon what the patients’ coverage would pay for. Cash payers would receive medically necessary services, and all sorts of extras were added to the bills of patients funded by other programs. Post abortion visits were billed as though they were for another purpose, so that they became government funded.
Planned Parenthood Gulf Coast has 10 clinics in eastern TX and 2 in Louisiana. These include the largest abortion clinic in the U.S. (Houston), a likely inspiration for the Onion Abortionplex parody.
PPGC entered a motion to stay the discovery process, which Judge Ron Clark denied. Documentation has begun to trickle from PPGC …… (which had not yet been eaten by the shredder, opines Pharmer).
It’s good to juxtapose some lay-person friendly medical info up with the hot button pro-life issues of the day. So…. if you want to learn about tracheostomies for babies, and trach care at home, read a long term internet resource put up by the Bissell family.
A London Ontario hospital is holding a baby, Joseph Maarachli, on a ventilator, and has been refusing to do a tracheotomy so the boy can be taken home to be with his family. He suffers from a neurodegenerative disease which will take his life.
His family already knows the drill…… they previously lost a child to this problem. She had undergone a tracheotomy procedure, and was allowed to die at home.
This time, it appears that the Canadians are clamping down with the cost containment. The tracheostomy is “not indicated” for a patient with this kind of terminal disease, although it used to be allowed. Apparently the money has gotten tighter up there, with that socialized medicine system.
Which do you think is worse for baby Joseph?….. intubated on a ventilator in the hospital, or a tracheostomy and vent at home? With all the publicity, security and legal intervention, he’s in limbo on the former. No secrets on where the Daily Mail reporter stands on this issue.