Wednesday, September 11, 2013

District Judge: For Profit Nursing Home Chains Have Free Exercise of Religion Rights

Relying on the Tenth Circuit's decision in Hobby Lobby v. Sebelius, Senior Judge Wiley Daniel enjoined the enforcement of the ACA's preventative health mandate regarding certain contraceptive methods for employees in his opinion in Briscoe v. Sebelius.

As the judge states, Briscoe is an Evangelical Christian and owns Continuum Health Partnerships, Inc., Continuum Health Management, LLC, and Mountain States Health Properties, LLC. Briscoe’s secular, for-profit companies manage and operate senior care assisted living centers and skilled nursing facilities. Briscoe is the sole member and manager of Continuum Health Management, LLC and Mountain States Health Properties, LLC. Briscoe is also the lone shareholder of Continuum Health Partnerships, Inc.

Given the precedent of Hobby Lobby, the district judge spent little analysis on the underlying issues, but did analyze the requirements for a preliminary injunction.   This included finding that the 200 persons employed by the plaintiff companies were much less than the "millions of others" persons exempted under other provisions.

 

http://lawprofessors.typepad.com/conlaw/2013/09/district-judge-for-profit-nursing-home-chains-have-free-exercise-of-religion-rights.html

Congressional Authority, First Amendment, Religion, Reproductive Rights | Permalink

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