Federal judge issues first injunction against HHS Mandate


By John Vinci — A controversial Obamacare regulation has been temporarily shelved by a federal district court in Colorado in a blow to one of Obama’s primary regulatory pushes through his Health and Human Services Department.

The preliminary injunction granted on July 27th is no small matter as federal courts only grant injunctions under extraordinary circumstances.

In order for plaintiffs seeking an injunction to be successful, they must meet an extremely difficult standard. Not only must they show that they will suffer irreparable harm without the injunction, they must also prove that they are likely to win their case. Therefore, when a federal court grants an injunction, it is making a preliminary assessment that the law is on the side of the plaintiffs.

The plaintiffs in this case are the Newland family, of Colorado, owners of a Denver HVAC manufacturing company called, Hercules Industries.[1] The Newlands seek to operate their Hercules Industries in a way that conforms to their Catholic beliefs.[2] Their beliefs, however, run contrary to a Department of Health and Human Services (HHS) mandate that businesses must provide contraceptive services to their employees free of charge.

While the law provides a narrow exemption for churches and an “accommodation” for religious organizations, it makes no concessions to individuals or other entities operating for-profit businesses. Without this injunction, Hercules Industries would have been subject to millions of dollars in fines.[3]



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