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7th Circuit Again Enjoins Contraception Mandate E-mail
Written by Don Byrd   
Thursday, 31 January 2013

Via Religion Clause, the 7th Circuit has enjoined enforcement of the Affordable Care Act's contraception mandate against a LLC (Grote Industries with Catholic owners who object on religious ground. The Court has previously come to the same conclusion (in the Korte case), but here they found the company's argument even stronger.

In all important respects, this case is identical to Korte; our analysis there applies with equal force here. If anything, the Grote Family and Grote Industries have a more compelling case for an injunction pending appeal. Unlike the health‐insurance plan at issue in Korte, the Grote Industries health plan is self‐insured and has never provided contraception coverage.... Thus, the only factual distinctions between the two cases actually strengthen the equities in favor of granting an injunction pending appeal.

The 7th Circuit rejects the argument the dissent and other circuits have accepted, that the burden on the business owners' religious exercise is not substantial. The burden is real and substantive, the court stressed, requiring a stronger justification by the state.


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