Thursday, October 4, 2012

ANother federal judge rules that Obamacare's "contraception" regs do not offend the Free-Exercise and Establishment Clauses of the First Amendment


United States District Court,
E.D. Missouri,
Eastern Division.

Frank R. O'BRIEN, et al., Plaintiffs,
v.
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

No. 4:12–CV–476 (CEJ).
Sept. 28, 2012.
Background: Secular, for-profit limited liability company (LLC) and its owner brought action for declaratory and injunctive relief, claiming that Patient Protection and Affordable Care Act (ACA) regulations requiring group health insurance plans to include coverage for contraceptives and other women's preventative care violated the First Amendment, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedure Act (APA). Government defendants moved to dismiss.


Holdings: The District Court, Carol E. Jackson, J., held that:
(1) ACA regulations did not substantially burden plaintiffs' exercise of religion, under RFRA;
(2) ACA regulations did not offend the Free Exercise Clause;
(3) religious employer exemption to the ACA regulations did not violate the Establishment Clause;
(4) ACA regulations did not violate the Free Speech Clause;
(5) LLC and its owner had prudential standing to challenge the ACA regulations as arbitrary and capricious under the APA; and
(6) ACA regulations neither arbitrary nor capricious under the APA.

Motion granted.

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