Skip to content
Catholic Online Logo

By American Center for Law and Justice

11/30/2012 (2 years ago)

American Center for Law and Justice (www.aclj.org/)

The ACLJ represents Frank R. O'Brien and O'Brien Industrial Holdings, LLC (OIH)

"By granting our motion, the appeals court blocks the implementation of the HHS mandate and clears the way for our lawsuit to continue - a significant victory for our client," said Francis Manion, Senior Counsel of the ACLJ

Highlights

By American Center for Law and Justice

American Center for Law and Justice (www.aclj.org/)

11/30/2012 (2 years ago)

Published in U.S.

Keywords: Frank R. O'Brien, O'Brien Industrial Holdings, LLC, OIH, Francis Manion, Jay Sekulow, HHS Mandate, Sebelius, anti-Catholic, abortion mandate, free exercise of religion, religious freedom, obama, ACLJ


WASHINGTON, DC (ACLJ) - The American Center for Law and Justice (ACLJ), a pro-life legal organization that focuses on constitutional law, applauded an order  by a federal appeals court granting a motion for a preliminary injunction - an order that temporarily blocks the implementation of the HHS mandate against a Missouri business owner.

The order, issued by a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, is the first decision from an appeals court in the litigation challenging the HHS mandate.

The order, which puts the HHS mandate on hold pending the outcome of the appeals process, prohibits the Department of Health and Human Services (HHS) from requiring the business owner, who contends the mandate violates his constitutionally-protected religious beliefs, to comply with the mandate which requires employers to purchase health insurance for their employees that includes coverage for contraceptives, sterilization, and abortion-inducing drugs.

"By granting our motion, the appeals court blocks the implementation of the HHS mandate and clears the way for our lawsuit to continue - a significant victory for our client," said Francis Manion, Senior Counsel of the ACLJ. "The order sends a message that the religious beliefs of employers must be respected by the government. We have argued from the beginning that employers like Frank O'Brien must be able to operate their business in a manner consistent with their moral values, not the values of the government. We look forward to this case moving forward and securing the constitutional rights of our client."

The ACLJ represents Frank R. O'Brien and O'Brien Industrial Holdings, LLC  (OIH) - a holding company based in St. Louis, Missouri, which operates a number of businesses that explore, mine, and process refractory and ceramic raw materials.

In October, a federal district court judge granted the Obama Administration's Motion to Dismiss the lawsuit. The ACLJ immediately filed an appeal with the U.S. Court of Appeals for the Eighth Circuit. In an order issued Wednesday, the appeals court granted the ACLJ motion requesting an injunction pending an appeal.

The lawsuit, which was filed in March 2012, marked the first legal challenge to the HHS mandate from a private business owner and his company. Until the suit was filed, only religious organizations or institutions brought lawsuits challenging the mandate.

O'Brien, a Catholic, says his religious beliefs provide the framework for the operation of his businesses, which employ 87 people. The company website states the OIH mission "is to make our labor a pleasing offering to the Lord while enriching our families and society."

OIH's statement of the company's values begins with the following: "Integrity. Our conduct is guided by the Golden Rule and the Ten Commandments. We will not discriminate based on anyone's personal belief system."

In addition to the O'Brien case, the ACLJ has filed two other direct challenges to the HHS mandatehttp://aclj.org/obamacare/aclj-adds-new-legal-challenge-federal-suit-filed-to-block-hhs-mandate-for-missouri-companies  and filed amicus briefs backing other challenges in more than a dozen cases.

-----
Led by ACLJ Chief Counsel Jay Sekulow, the ACLJ is based in Washington, D.C.

---

The American Center for Law and Justice (ACLJ) focuses on constitutional law and is based in Washington, D.C. This article is used with permission.



Comments


More U.S.

Play-doh Christianity and the Vanishing Cross

Image of Bell can have his happy-clappy, navel-centered religion and his wimpy god. He just can't call it Christianity, and he can't claim it's the Church.

By Jennifer Hartline

There is no Christianity without Christ, and no Christ without the cross. There was no need for the cross except for our Redemption, and no need for that except for our sin. To preach Christianity without preaching repentance from sin and taking up your cross is ... continue reading


Bella's Gift: The Santorum Book that Keeps on Giving Watch

Image of The book, Bella's Gift, has shaken me. On more than one occasion, it has forced me to my knees in tears. That is because, in a candid, honest, profoundly spiritual way, this splendidly written book puts the reader in the presence of unconditional love. then, through its deep spiritual truths, it unleashes the dynamic power of amazing grace.

By Keith A Fournier

I was with Rick Santorum at the Awakening Conference in Orlando, Florida. Rick and Karen Santorum are personal friends. Their whole family is a source of inspiration to me. But most especially, that little Princess named Bella Santorum. She is the center, the ... continue reading


Top Stories of the Week You Can't Miss Watch

Image of

By Abigail James (NEWS CONSORTIUM)

From a tragic airplane crash that killed 150 people to the blood of St. Januarius liquifying, this week in news has been quite a roller coaster. We saw nuns mob Pope Francis, a father lose seven of his eight children in a horrifying fire and the first announced ... continue reading


Majority of Latinos in United States speak English Watch

Image of  Latinos who only speak English are often ostracized by Latinos who only speak Spanish or are bilingual. Many Latinos, upon being hired for positions, are presumed to know and speak Spanish.

By Catholic Online (NEWS CONSORTIUM)

While it would appear to some to be contrary, the majority of Latinos within the continental United States, 62 percent, speak English. A new analysis of the Pew Research Center's 2013 National Survey of Latinos has found that the current demographics will ... continue reading


The Christian Feast of the Annunciation is About More than Mary Watch

Image of The Annunciation: The angel Gabriel was sent from God to a town of Galilee called Nazareth, to a virgin betrothed to a man named Joseph, of the house of David, and the virgin's name was Mary. And coming to her, he said, Hail, full of grace! The Lord is with you. (Luke 1:26,27)

By Deacon Keith Fournier

Walking along this Way of Yes, leads us into a dialogue, a conversation, a communion, a new Way of life, the Christian Way. By saying Yes, offering our own Fiat, we become consecrated and enlisted in the ongoing mission of the Lord Jesus Christ. Mary shows us that ... continue reading


Where's the most hate in the United States? A look into the top states with the highest amount of hate groups may shock you Watch

Image of There is hope. According to the center,

By Catholic Online (NEWS CONSORTIUM)

While California is typically known for laidback attitudes and acceptance of diversity - it comes as a shock to learn that the Golden State has the largest amount of "hate groups" across the United States. LOS ANGELES, CA (Catholic Online) - According to the ... continue reading


Fox News asks New York City's party district if they are proud to be an American: Watch their unbelievable responses (VIDEO) Watch

Image of

By Abigail James (NEWS CONSORTIUM)

Fox News producer, Jesse Watters, took to the streets in the "party district" of New York City to sample the opinion a certain demographic has toward America. LOS ANGELES, CA (Catholic Online) - As a part of Watters' World and The O'Reilly Factor, Watters asks people ... continue reading


What would you do to get your childhood back? People spend big money to find their inner child in adult preschool Watch

Image of

By Hannah Raissa Marfil (NEWS CONSORTIUM)

Preschool Mastermind is a preschool for the adults in Brooklyn; it started the first week of March and ends the last week. Students come in every week, trying to get in touch with the magical world they left behind as their childhood ended. However, this adult ... continue reading


'Meet the Animals' SeaWorld continues to fight negative publicity from 'Blackfish' with new campaign Watch

Image of SeaWorld comes back to negative reviews with the

By Hannah Raissa Marfil (NEWS CONSORTIUM)

SeaWorld Entertainment Inc. releases their new campaign, ahead of a book release by their former trainer John Hargrove. The company received a rapid decrease in audience attendance and revenue from negative responses after the release "Blackfish," a documentary ... continue reading


'Climate change denial is immoral' Episcopal Church bishop hopes to educate the church on issues of climate change Watch

Image of

By Hannah Raissa Marfil (NEWS CONSORTIUM)

"To deny climate change is to reject God's gift of knowledge," expressed Katharine Jefferts Schori, the presiding bishop of the Episcopal Church and one of Christianity's most influential women. MUNTINLUPA, PHILIPPINES (Catholic Online) - The issue on climate change is ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Jeremiah 20:10-13
10 I heard so many disparaging me, 'Terror on every ... Read More

Psalm, Psalms 18:2-3, 3-4, 5-6, 7
2 Yahweh is my rock and my fortress, my deliverer is ... Read More

Gospel, John 10:31-42
31 The Jews fetched stones to stone him,32 ... Read More

Saint of the Day

Saint of the Day for March 27th, 2015 Image

St. Rupert
March 27: Bishop and missionary, also listed as Robert of Hrodbert. A ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter