Freedom Line Blog

I’m up at FoxNews.com today.

As President Obama’s mandated insurance coverage of sterilization, contraception, and abortion-inducing drugs takes effect on August 1 for ordinary businesses, the Health and Human Services mandate’s ultimate survival suddenly appears blessedly jeopardized.

Federal district Judge John J. Kane of Colorado on Friday issued a temporary injunction blocking the mandate from being applied to Hercules Industries, a family-owned manufacturer of air-conditioning products….

Citing precedent, Kane wrote that the weakness of the mandate’s legal position looks “serious, substantial, difficult and doubtful” based on statutory grounds alone, without even considering the significant constitutional challenges raised by Hercules. As Kane summed it up, the government’s stance amounted to an assertion that “a for-profit, secular employer… cannot engage in an exercise of religion.” This is poppycock – and dangerous poppycock at that. It amounts to a claim that an individual employer, or a closely-held family corporation, does not enjoy the right to religious exercise unless those rights are channeled through a church in a formal worship setting….

The ramifications of this decision could be enormous. If even a secular entity enjoys a “likelihood of success” on the merits of the challenge to Obama’s sweeping edict, then the dozens of suits filed by explicitly faith-related institutions probably enjoy a particularly strong likelihood of victory in court….

This could be very, very important for small businesses nationwide.

The infamous HHS mandate, forcing employers to provide insurance covering sterilization and abortifacient drugs, kicks in on Tuesday. Most of the attention has focused on church-based organizations fighting this mandate, but private businesses are affected too. Badly affected.

Here’s one.

Hercules owners William Newland, Paul Newland, James Newland, and Christine Ketterhagen, and its vice-president, Andrew Newland, are practicing and believing Catholics. They desire to run the company, an HVAC manufacturer, in a manner that reflects their sincerely held religious beliefs, including their belief that God requires respect for the sanctity of human life. Their lawsuit, Newland v. Sebelius, is in the U.S. District Court for the District of Colorado.

Here’s more on the case at this link.