Although the U.S. Supreme Court has ruled that the Patient Protection and Affordable Care Act is constitutional, that hasn’t kept some employers from fighting a rear guard legal battle to prevent enforcement of the law’s provisions.
One such employer, which operates in Colorado, last Friday won a temporary reprieve from the law’s requirement that it provide no-cost insurance coverage for preventive care and screening for women, including contraception.
What’s interesting about this case is that the employer is a nonprofit secular company and not a religious institution. The decision noted that Hercules Industry Inc., while secular, is run in a manner that “sincerely reflects” the Catholic religious views of it owners.
According to U.S. District Judge Richard Kane, Hercules would suffer irreparable harm if the requirement were enforced against it, “in light of the extensive planning involved in preparing and providing its employee insurance plan, andthe uncertainty that this matter will be resolved before the coverage effective date,” Nov. 1, 2012.
As for the harm to the government if it can’t enforce its regulation, the court said this harm “paled in comparison to the possible infringement upon Plaintiffs’ constitutional and statutory rights.
The law’s opponents shouldn’t take too much heart from this ruling. It is only a temporary injunction, and the government might yet prevail when the matter goes to trial.
This is likely a bump in the road rather than a course reversal.
You can read the decision here.