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Thomas More Law Center Requests
Temporary Restraining Order
in New Case Challenging the HHS Mandate
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On
Monday, December 23, 2013, the Thomas More Law Center (TMLC), a
national public interest law firm based in Ann Arbor, Michigan, filed a
motion for a Temporary Restraining Order (TRO) in its newest case
challenging the HHS Mandate. The case has been assigned to Federal
District Judge Stephen J. Murphy, III.
TMLC attorney, Erin Mersino, filed the new case on December 20, 2013 on
behalf of the Ave Maria Foundation, Ave Maria Communications, Domino’s
Farms Petting Farm. Rhodora J. Donahue Academy Inc., and the Thomas More
Law Center, all founded by Catholic philanthropist Tom Monaghan. The
Plaintiffs at first sought to be included in an HHS challenge that was
already pending before Judge Lawrence Zatkoff. That request was denied
on December 20, 2013, and hours later on that same day, Mersino filed
TMLC’s newest case. Due to the late date, Plaintiffs were forced to
request injunctive relief on an emergency basis because the HHS Mandate
will be enforced against them beginning January 1, 2014.
The purpose of the lawsuit is to seek a court ruling that permanently
blocks the implementation of the HHS Mandate requiring employers and
individual to obtain insurance coverage for abortions and contraception
on the grounds that it imposes clear violations of conscience on
Americans who morally object to abortion and contraception.
The lawsuit challenges the constitutionality of the HHS
Mandate under the First Amendment rights to the Free Exercise of
Religion and Free Speech and the Establishment Clause. It also claims
that the HHS Mandate violates the Religious Freedom Restoration Act and
the Administrative Procedure Act enacted by Congress.
Named as Defendants in the lawsuit are Kathleen Sebelius,
Secretary of the of the Department of Health and Human Services; Thomas
Perez, Secretary of the Department of Labor; Jack Lew, Secretary of the
Department of the Treasury; and their respective departments.
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