A Lancaster County company that has been challenging the Obamacare contraceptive mandate has taken the fight to the top, today filing a petition with the U.S. Supreme Court.
Harrisburg-based Independence Law Center, which has been representing Conestoga Wood Specialties Corp., said in a news release today that it is now partnering with attorneys at the Alliance Defending Freedom on the case.
"Because of disagreement among the Courts of Appeal and the important issue at stake, we believe there is a reasonable chance that the U.S. Supreme Court will grant review and take this case," the release said.
Attorney Randall Wenger said this is the first case that has been filed before the Supreme Court on the merits of the issue; Hobby Lobby went to the highest court, but only for an emergency injunction. Wenger also noted that the companies are winning the cases overall, with the record at 30-5. "We just happen to be among the five," he said of Conestoga.
Conestoga is owned by the Hahn family, which is Mennonite and has religious objections to providing what it considers to be abortifacients, such as the morning-after pill. They first filed suit in December 2012 in the U.S. District Court for the Eastern District of Pennsylvania, which ruled against them. The Third Circuit Court of Appeals agreed.
Under the mandate, companies must include the contraceptives in their health insurance plans or face a penalty of $100 per employee per day. About 35 companies have challenged the law, which is also being protested by nonprofit groups, on the same grounds.
"If the government can force Americans to violate their conscience, our deepest, most heart-felt convictions, there is no stopping what government can do. If liberty isn't preserved here, all of our liberties are in jeopardy," said Wenger.
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