The U.S. Court of Appeals for the Eighth Circuit today granted an injunction against HHS, in favor of O’Brien Holdings, overturning a Federal District Court’s earlier decision. The District Court in Missouri had granted the motion of the Obama Department of Justice to dismiss the case; this was immediately appealed by attorneys from the American Center for Law and Justice who are representing O’Brien.
The injunction prohibits the HHS from implementing the mandate against O’Brien. The company is held by Frank O’Brien, a devout Catholic who has always run his business in a manner consistent with his Catholic faith. The HHS mandate requires that he violate his faith by purchasing contraceptives, abortion-inducing drugs, and sterilization for his 87 employees.
This is the highest court action yet on any HHS mandate case. Certainly the DOJ will appeal this ruling, and hopefully the case will end up in the Supreme Court soon.