Thursday, December 26, 2013

CONSERVATIVES DO HAVE LEGAL REPRESENTATION!



Thomas More Law Center Requests
Temporary Restraining Order
in New Case Challenging the HHS Mandate


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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