Update on American HHS birth control mandate controversy

On 14 December, Tom Monaghan, the founder of Domino’s Pizza, filed a lawsuit against the HHS regulation [Associated Press].  Five days later, a federal appeals court reinstated lawsuits filed by Wheaton College and Belmont Abbey that had been dismissed by a lower court.  The D.C. Circuit Court of Appeals also ordered the Obama administration to report every sixty days on its progress in redrafting the regulation to accommodate employers with religious objections to providing insurance for birth control.[Life News]  News of the Wheaton and Belmont decisions came too late for inclusion in a column in the  New England Journal of Medicine, which outlined the litigation and the issues.The federal Tenth Circuit Court of Appeals has upheld a lower court ruling that Hobby Lobby must comply with the mandate because it does not impose a “substantial burden” on the exercise of freedom of religion by the company’s owner. [The Hill]  In contrast, O’Brien Industrial Holdings of Missouri was granted an injunction by an appeals court that prohibits the federal government from enforcing the regulation.  The decision overturns a lower court ruling [The Foundry, 3 December].  A similar injunction was granted to the Griesedieck family‘s American Pulverizer Company in Minnesota [National Review] Commenting that there is no “trust us changes are coming” clause in the U.S. Constitution, a federal judge in New York upheld the right of the Catholic Archdiocese of New York to proceed with its lawsuit against the mandate. [Becket Fund, 6 December]    Meanwhile, the Little Sisters of the Poor, a Catholic religious order that provides nursing care to the elderly poor in 30 American cities, is considering the possiblity of leaving the United States if the current regulation stands. [LifeSite News]

Judges dismiss suits against U.S. federal department as premature

Federal judges have dismissed lawsuits brought by Belmont Abbey and the State of Nebraska against the Department of Health and Human Services on the grounds that their suits are premature.  The judges’ rulings rely on the fact that the federal government has not yet finalized its regulations and is not yet enforcing them against religious employers.[Nebraska ruling] [Belmont Abbey ruling]