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Archive for October 11, 2013

HHS Mandate at the Supreme Court Soon?

Visit Our Website October 11, 2013
Dear Friends,

As I mentioned last week, there is just so much to catch you up on.  The last couple of weeks have been packed with some tremendous news about our challenge to the HHS Mandate.

At the Supreme Court by June 2014?

The first piece of news I have to share is that the government has appealed our victory in the Hobby Lobby case.  The U.S. Department of Justice has asked the Supreme Court to hear the case.  You can read more about that by clicking here.

Now, the Supreme Court turns down a great majority of the cases it is asked to hear each year.  But, this is an unusual situation in which there is a high likelihood the Court will agree to hear the case:


  1.  Government requests have a much higher chance of being granted.  In fact, about 7 in 10 petitions by the government for hearing are approved by the Supreme Court.
  2. This is a case of great national significance.  The issues at the heart of the HHS Mandate challenge cut to the core of our Constitutionally-guaranteed liberty.
  3. There is a circuit split; that is, courts across the country have heard similar cases and come to different conclusions.  The full 10th Circuit Court of Appeals sided with us on the Mandate.  But, panels of judges on the 3rd and 6th Circuit Courts of Appeals upheld the Mandate.


So, here at the Becket Fund, we are gearing up to make the case before the Justices of the Supreme Court that people don’t lose their right to religious liberty when they earn a living.

We could really use your financial support now, too.  Going to Supreme Court is a huge undertaking.  And, the stakes here are high – we could restore religious liberty for business owners with this case.  We’ve got to be ready to bring our A++ game.


Our Non-Profit Cases:

The government did a very good job of dividing the challengers to the HHS Mandate – probably hoping to divide and conquer.

It has set non-profit entities, like religious schools and nursing homes, on a separate track from for-profit businesses owned and run by religious business owners.  And, it did this by setting up that so-called “accommodation” for religious non-profits.

Let’s not forget what the Chicago Tribune called that so-called “accommodation” in their editorial entitled “Religious freedom and contraception:  The Obama administration offers a ‘compromise’ that would compromise the First Amendment.”  They called it “a convenient fiction.”

For a while, the non-profit cases were being dismissed by the courts because the government kept promising to revise the rule and “accommodate” their religious liberty.  Well, that rule is final now and it still doesn’t protect religious liberty, so we’ve been busy re-filing our cases.  In fact, Colorado Christian University was the first to re-file its challenge back in August.  Since then, Ave Maria University has also re-filed and we’ll be re-filing for other clients in the days and weeks ahead.


First Class Action Suit:

So, the Becket Fund was the first to file any challenge against the HHS Mandate.

We were the first to re-file on behalf of the affected non-profits after the government’s so-called “accommodation” was finalized.

We were the first to win at an appellate court on the merits – and that was not only before the entire court, not just a panel of judges; but also on behalf of the largest for-profit challenger, Hobby Lobby.

And, as I mentioned last week, the Becket Fund just filed the first class action challenge to the HHS Mandate on behalf of the Little Sisters of the Poor.

That is also the first case filed on behalf of a benefits provider, by the way.

The Becket Fund is leading the way for religious liberty in the face of the greatest threat we’ve encountered.  Your generous support helps us not only stay at the forefront of this fight, but stay ahead of the curve.  We’re ready to act because we’ve anticipated the other side’s next move.

We’re making progress in the fight against the HHS Mandate, but there’s still a lot of work to do.  Please let me know that we can still count you in as part of the team.


Kristina Arriaga
Executive Director


P.S.  Don’t forget you can always keep up to date with all the news on the HHS Mandate at our HHS Mandate Information Central.  Our Information Central has been cited by reporters, legislators, and even judges in court opinions.  It’s the best one-stop for everything you need to know about the HHS Mandate – and not just our cases, but all 73 cases!  Your support makes it possible for us to influence the debate on religious liberty with quality resources like that.