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Mandate for a Private Business
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The Seventh Circuit Blocks the HHS
Mandate for a Private Business

National Review Online, by David French

Original Article

Posted By:Pluperfect, 12/30/2012 5:26:00 AM

Late yesterday afternoon, the Seventh Circuit granted an emergency injunction against the HHS mandate — preventing its enforcement against an Illinois business and its owners. My colleagues at the ACLJ represent Korte & Luitjohan Contractors, Inc., a family-owned, full-service construction contractor. The company is located in Highland, Ill., and employs about 90 workers. The brief opinion is worth a read in its entirety, but two parts stand out. First, the court disagreed with the Tenth Circuit’s recent decision rejecting Hobby Lobby’s request for a similar injunction. In a key paragraph the court stated:


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Reply 1 - Posted by: Chuzzles, 12/30/2012 6:26:30 AM     (No. 9089570)

We get any more judges with commonsense and I may have to revise my opinion about the courts in this country. They may do the right thing yet.

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Reply 2 - Posted by: Judith, 12/30/2012 7:27:30 AM     (No. 9089620)

#1 This will eventually work its way up to a supreme court led by roberts and dominated by left-leaning judges and women judges who think with their lady parts....not a good thing.

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Reply 3 - Posted by: seamusm, 12/30/2012 7:31:38 AM     (No. 9089629)

But can we trust Roberts?

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Reply 4 - Posted by: Rinktum, 12/30/2012 7:34:58 AM     (No. 9089633)

We wouldn´t be here today if Chief Justice John Roberts would have been less concerned with the court´s legacy and more concerned about the unconstitutionality of this massive Frankensteinian piece of junk legislation. Ironically, "his Court" is going to have one humdinger of a legacy.

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Reply 5 - Posted by: JAN, 12/30/2012 7:40:12 AM     (No. 9089641)

President GW Bush made noises about breaking up the 7th. Circuit and they began to behave themselves for a while.

We need to start looking at some of these circuit courts with a serious eye.

The 7th. is certainly a welcome change from the usual suspects who trample our rights.

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Reply 6 - Posted by: M2, 12/30/2012 7:44:38 AM     (No. 9089653)

The ACLJ´s outstanding win record deserves note. It is one of the few national groups our family supports with our dollars. They deserve yours, too.

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Reply 7 - Posted by: stablemoney, 12/30/2012 7:47:21 AM     (No. 9089657)

Government and lawyer hell. Now business must spend their resources litigating against condoms and birth control issues.

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Reply 8 - Posted by: Sfacheem, 12/30/2012 7:57:00 AM     (No. 9089675)

Well, it looks like we have a court that did not want to get upstaged by the French.

Good for us.

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Reply 9 - Posted by: geekrunner, 12/30/2012 7:59:23 AM     (No. 9089680)

I think #5 is referring to the 9th Circuit (in California), not the 7th (in Chicago)

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Reply 10 - Posted by: Spidey, 12/30/2012 8:18:25 AM     (No. 9089701)

I seem to remember a judge in La. overturning Obama´s ban on drilling after the Gulf spill and of course he completely ignored it. We also won initial lower court cases in Obamacare that went in one ear and out the other. This ruling is good news but all it does is set up another SC battle of religious liberty being threatened by Obamacare.

I think Roberts will rule on our side this time because he bought himself some political capital on the first case.I think Obama should have been impeached for his public posturing while the case was under review but that´s neither here or there now.

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Reply 11 - Posted by: Bad Dog, 12/30/2012 8:21:10 AM     (No. 9089703)

Agreed, #9.... you beat me to that corrective point. It was the 9th.

I have friends who work for Korte´s Las Vegas office - my own company subcontracted with theirs frequently on low-rise builds. Back in the good ol´ days, when construction was booming here in Vegas and hubby and I HAD a company - you know, before the Obama Devastation Era began.

Good on Korte for hiring the ACLJ (love the Sekulows!) and good on ACLJ for pursuing this case ... obviously they made wise and convincing arguments!

Pray that this ruling withstands the onslaught of media and supra-court salvos to come.

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Reply 12 - Posted by: WimeTarmerFable, 12/30/2012 8:38:40 AM     (No. 9089728)

One battle won, so many many more to go.

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Reply 13 - Posted by: CEP, 12/30/2012 8:50:09 AM     (No. 9089745)

So one court says this another court says that. Can the Supreme Court ignore this?

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Reply 14 - Posted by: VinGoombatz, 12/30/2012 8:58:25 AM     (No. 9089756)

The French ruling got me thinking again about equal protection. Can any of the lawyers posting here point to the early history that allowed different tax rates to be applied to different people? In other words, in defiance of equal protection. In addition to net incomes, could we apply different tax rates based on different hair lengths? Different clothing preferences? Different races?

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Reply 15 - Posted by: strike3, 12/30/2012 9:07:20 AM     (No. 9089767)

Ultimately, the people are the law. If we refuse to cooperate with the kenyan dictator on every point that we know is wrong and/or unconstitutional, he doesn´t have the courage or the resources to put all of us in prison. This is our country, not his.

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Reply 16 - Posted by: Patchy Groundfog, 12/30/2012 9:12:49 AM     (No. 9089777)

#7 has it. We can celebrate so-called victories but the Rubicon has been crossed and now all medicine is political - and that´s just the way the statists like it.

They MIGHT get your vote if you want a phone or a TV but your vote is virtually GUARANTEED if they can threaten to withhold a transplant or lifesaving drugs.

Individual exemptions are nice but we must never lose sight of the goal - repeal of any sort of socialized medicine.

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Reply 17 - Posted by: msjena, 12/30/2012 9:24:36 AM     (No. 9089797)

Very interesting. There is also a dissenting opinion. The Supreme Court will no doubt hear this issue. And I wouldn´t be so sure that Roberts is now a liberal.

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Reply 18 - Posted by: philly_patriot, 12/30/2012 9:24:38 AM     (No. 9089798)

The problem is the Supreme Court and great leader controls that ............... and he ............ will have additional appointments there.

Stevens ´holding on´ and a Roberts ´internal revelation´ will not help us ........ the Constitution and our Nation are doomed.

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Reply 19 - Posted by: Zumkopf, 12/30/2012 9:33:30 AM     (No. 9089819)

Sorry, boys and girls, but elections have consequences. By 2016 the vast majority of federal judges -- something like 85% -- will have been appointed by Clinton or Obama. Conservative Federal Court rulings are going to be as rare as conservative Democrats. It´s nice to have a victory today, but between this and John Roberts´ desire to be loved, any victory for our side is going to be ephemeral.

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Reply 20 - Posted by: Rumblehog, 12/30/2012 9:53:29 AM     (No. 9089865)

From the gut, I think Roberts knows he screwed up big time and needs to get back in good stead with the American people.

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Reply 21 - Posted by: suziannr, 12/30/2012 9:58:56 AM     (No. 9089878)

the Courts are not the final arbiter of our Constitution...we are. It stands or falls on the backs of we...the People.

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Reply 22 - Posted by: chicodon, 12/30/2012 10:15:39 AM     (No. 9089919)

Which goes to show our entire tiered system of taxation should be unconstitutional.

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Reply 23 - Posted by: Udanja99, 12/30/2012 10:15:39 AM     (No. 9089920)

#15, exactly what I´ve been saying since Pelousy locked her doors to write this monstrosity. Worst case scenario is that one gets thrown in jail where one will get "free health care", including sex changes in some states.

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Reply 24 - Posted by: Buzzman, 12/30/2012 10:18:53 AM     (No. 9089924)

The Supreme Court is dead to me now. They have abdicated their responsibility to protect the people from unconstitutional laws.

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Reply 25 - Posted by: Hobbiest, 12/30/2012 10:30:35 AM     (No. 9089936)

Obamacare is going to suffer the same fate as McCain Feingold. There was great dismay when the court found that constitutional, too. Since then it has suffered death by 1,000 rulings and McCain Feingold didn´t need the support of the governors to work the way Obamacare does.

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Reply 26 - Posted by: oh-heck, 12/30/2012 10:37:14 AM     (No. 9089948)

The Supreme Court must rule on issues as they are brought to them. The religious liberty question was not brought to them because the penalties were not in the immediate future. In the case Sotomayor ruled on, the Appeals court had ruled against an injunction. In this case, the Appeals case properly ruled for the injunction. The Hobby Lobby family has decided to pay the fines until they get their day in court. So the religious liberty question will definitely get to the USSC,

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Reply 27 - Posted by: kono, 12/30/2012 10:53:44 AM     (No. 9089984)

A ray of hope in a world where the light of reason seems to be increasingly overcome by darkness.

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Reply 28 - Posted by: RancherJack, 12/30/2012 10:55:36 AM     (No. 9089987)

Sounds good.

Will never stand the test of total evil which is how Washington works.

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Reply 29 - Posted by: Ray of Sunshine, 12/30/2012 11:10:24 AM     (No. 9090007)

I must disagree...the USSC, doesn´t HAVE to decide or rule. It´s strictly up to their decreation if they will hear a particular case. But, settling differences between lower court rulings, is a major, traditional function & purpose of their existence.
Pray that religious freedom prevails.

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Reply 30 - Posted by: mickturn, 12/30/2012 11:12:43 AM     (No. 9090013)

The underlying issue is that the Constitution does NOT put judges and courts in charge of any of this. The law is clearly unconstitutional and any judge that finds otherwise should be immediately impeached, removed from office and disbarred! Of course this includes Mr. Roberts who obviously found his own way to leave the law it self in place.

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Reply 31 - Posted by: chefrandy, 12/30/2012 11:47:06 AM     (No. 9090055)

Congrats to ACLJ and Korte/Luitjohan. The owners and their family members are active in our community and I´m glad they drew a line in the sand and went to bat against this.

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Reply 32 - Posted by: planetgeo, 12/30/2012 11:53:19 AM     (No. 9090065)

Unfortunately, there is a fatal flaw in the otherwise brilliant system of checks and balances that our founders created. They didn´t (and couldn´t) foresee that someday (now) the three branches wouldn´t truly be independent of one another. And the judicial branch in particular has been "dependent-ized" beyond repair.

The Supreme Court appointees now are clearly political apparatchiks rather than skilled and fiercely independent legal experts. The only thing that shocks me about Sotomayor, for example, is that she doesn´t wear a big, pink vagina outfit instead of black robes on the bench. What exactly are her qualifications other than being a liberal activist suckup?

No, our founders never envisioned the court system, and the Supreme Court in particular, as the surrogate dictator robber stamp pad. The entire system of judicial selection must be completely revamped and removed from the clutches of the political party system.

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Reply 33 - Posted by: danshanteal, 12/30/2012 12:46:59 PM     (No. 9090134)

Call Sandra Fluke and see what she and the sisterhood think.

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Reply 34 - Posted by: bennie, 12/30/2012 12:48:27 PM     (No. 9090137)

Good thing it wasn´t the 9th circus court. It undoubtedly would have gone the other way.

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Reply 35 - Posted by: Gallo3, 12/30/2012 1:01:47 PM     (No. 9090154)

Agree with #s 14, 22: the ´progressive´ system of taxation is the major problem, and we need to fight fire with fire: it is ´unfair´.
Taken to its logical conclusion, we should have ´progressive´ gas prices, where if your income is at a certain level you would have to pay more for gas at the pump. or more for a loaf of bread, or higher prices for TV´s etc.

It must be attacked for being ´unfair´, the radical egalitarianists must be hoisted on their own Marxist petard.

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Reply 36 - Posted by: Shucky, 12/30/2012 1:14:16 PM     (No. 9090173)

the nation could be invaded, but we can´t compel a conscientious objector to shoot at the enemy in defense of himself, his family and the nation. yet, the democrats would demand that conscientious objectors provide the means to kill innocent babies.

the values of the left are misanthropic.

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Reply 37 - Posted by: Timber Queen, 12/30/2012 2:40:35 PM     (No. 9090270)

#15, #23 - Right On!

As for me and my house we will not comply. We will not comply with any local, state or federal regulation that smacks of Agenda 21 marxist redistributionist policies. Government only works with the consent of the governed, and that encompasses more than just casting a vote.

As for jail or prison, might that not be the best place? The socialists are letting out the truly violent, criminal, and the insane. Their end game is to construct a virtual prison by restricting our actions, devaluing our property, and stealing our labor´s just rewards. Why not live in a real prison where they will have to house, feed, and clothe us? Writers can write, artists can paint, readers can read, and the religous can study Scripture, unless of course they do the gulag thingy.

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Reply 38 - Posted by: fayebeck, 12/30/2012 2:56:06 PM     (No. 9090297)

#1 and #2. The liberals never quit until the final decision is in their favor.

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Reply 39 - Posted by: roger h. cook,MD, 12/30/2012 4:08:26 PM     (No. 9090357)


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Reply 40 - Posted by: roger h. cook,MD, 12/30/2012 4:38:17 PM     (No. 9090375)

No. 3 ,the answer is NO!

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Reply 41 - Posted by: Ida Lil, 12/30/2012 6:53:33 PM     (No. 9090490)

This thread tells a story that is a shameful
lack of the American independence we are supposed to acquire with birth.
Every cry of woe is us we have lost and must bow to the dictators proves it we who are too sloth and timid to stand up and fight for the Constitution and our continued liberty.
All talk and no action gives the tyrants their most secure impression that they have won without a fight.
Do you want it all saved by someone else -- by their sacrifices? It seems that way.

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Reply 42 - Posted by: Babsathome, 12/30/2012 7:22:06 PM     (No. 9090516)

#21, 30 and 41 have laid out my feelings exactly. Time to put the grown up pants on and speak up! Fight for our God given Rights against tyranny.
"Those who hammer their guns into plows will plow for those who did not." ~ Thomas Jefferson

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Reply 43 - Posted by: Coy860, 12/30/2012 7:33:42 PM     (No. 9090524)

I will never forgive Justice Roberts.
I am old, and he signed my death warrant.
No longer can I be assured a death with dignity. The angst is real. Thanks for nothing, Roberts.

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