Appeals Court Rejects Obamacare Contraception Mandate

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This from NewsMax.

We will take the victories where ever and when ever we can.

I want this  dead one and for all.

Even if it means death by a thousand cuts. 



A federal appeals court struck down Obamacare‘s controversial birth control mandate, declaring that requiring contraception coverage in employee health plans is unduly burdensome for business owners who oppose birth control on religious grounds.

The U.S. Court of Appeals for the District of Columbia ruled 2-1 Friday in favor of Francis and Philip Gilardi, the Roman Catholic owners of Ohio-based Freshway Foods and Freshway Logistics, who argued that the provision in the new healthcare law would violate their religious freedom, The Hill reports.

“The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan,” wrote Judge Janice Rogers Brown in the court’s decision.

Had the plaintiffs refused to comply with the law, they would have faced a $14 million fine.

Two of the judges on the panel disagreed with parts of the ruling, saying the rights of religious people do not extend to the companies they own.

The Obama administration has long argued that the requirement under the Affordable Care Act for contraceptive coverage — including sterilization — as a free preventative service is necessary to protect women’s reproductive rights, though churches and other houses of worship are already exempt from the provision in the healthcare law.

Religious conservatives have blasted the requirement as a violation of First Amendment rights.

The case is the latest in a string of challenges to the birth control mandate.

According to the Thomas Becket Fund for Religious Liberty, some 74 lawsuits with over 200 plaintiffs representing hospitals, universities, businesses, and schools have been filed challenging the mandate on grounds of religious liberty.

Rulings in the circuit courts have so far been mixed, leading legal analysts to predict the issue will reach the Supreme Court.

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This is from Clash Daily.

It is about time the courts put the brakes on the EPA.

But will Emperor Obama enforce this rule with an executive order?

He does like to make his own rules.

Thank God for some common sense judges on the U.S. Court of Appeals for the District of Columbia who ruled (2-1) against the Cross-State Pollution Rule (CASPR) which could have caused immense power shortages due to their unrealistic demands.  Older plants would have to shut down because of time-lines imposed by this over zealous, anti-Keep America strong, regulatory group.  This new rule tightens the screws even tighter than the already unrealistic Clean Air Act, on power providers.  This is just another sneaky way for the Obama machine to try to shove down (or up) true American’s (you pick the body part) the requirements they wanted from the Cap and Trade bill that was defeated in Congress.

A group of fourteen states, led by Texas, as well as the National Mining Association and the International Brotherhood of Electrical Workers, challenged the EPA as well. These groups argued that the rule put an undue financial burden on power producers and could lead to reliability problems in the power market as companies are forced shut down older plants.

The ruling also calls attention to a troubling but now unmistakable pattern of irresponsibility by a regulatory agency that is once again operating outside the explicit bounds of the law,” Hal Quinn, president and CEO of the National Mining Association in a statement.

“It should not require repeated rulings by federal courts to restrain EPA’s regulatory overreach,” he concluded.

The EPA is currently reviewing this week’s decision by a federal appeals court striking down the agency’s Transport rule.
Also known as the Cross-State Pollution Rule (CASPR), it requires many states to sharply reduce sulfur dioxide and nitrogen oxide emissions from power plants, including coal-fired and natural gas-fired plants.

“EPA is reviewing the 2-1 decision by the U.S. Court of Appeals for the District of Columbia overturning the Agency’s Cross State Air Pollution Rule. … When that review is complete, EPA will determine the appropriate course of action,” the agency said in a statement.

The court ruled on Tuesday that CSAPR imposed emissions reduction requirements on states without regards to limits imposed by the Clean Air Act (CAA) and did not allow the states the initial opportunity to reduce emissions from sources within their own borders as required under the CAA.
“In this case, however, we conclude that EPA has transgressed statutory boundaries,” according to the opinion by Circuit Judge Brett Kavanaugh. “Therefore, the Rule must be vacated.”

“Whatever its merits as a policy matter, EPA’s Transport Rule violates the statute,” wrote Kavanaugh.

The court ordered the EPA to use the 2005 Clean Air Interstate Rule until an alternative approach can be found.

“EPA remains committed to working with states and the power sector to address pollution transport issues as required by the Clean Air Act,” according to the EPA.
Power generators argued the EPA’s rule didn’t give them enough time to design and install the required pollution control equipment.



EPA’s Assault on Affordable Electricity

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I got this in a email.
Please add your name to the petition.


Next week, the EPA is set to finalize the “Utility MACT” rule, by far the largest job-destroying Economic Train Wreck regulation that will raise energy prices nationwide and cost communities across the country high-paying jobs.   
EPA needs to reconsider its approach to the Utility MACT rule as well as the various EPA Train Wreck regulations threatening America‘s mining industry. Our nation’s electric reliability and our ability to create jobs & grow our economy during the economic downturn is at risk.  


According to the North American Reliability Corporation,  EPA is“triggering ‘an unprecedented resource-mix change,’ with utilities switching to natural gas from coal…” NERC predicts another 36 to 59 gigawatts of power will go offline by 2018.” That could mean the loss of a quarter of all coal-fired capacity.

Furthermore, “the nation’s power grid will be stressed in ways never before experienced and reliability depends on building new power plants to cover the losses.” But the electric industry has only three years to comply under one EPA regulation known as the utility rule, which is meant to target mercury and is due to be finalized soon, while many other destructive rules are in the works.”


To justify these disastrous economic consequences, EPA’s is arguing these rules are necessary to protect public health, but studies have shown the Utility MACT rule will provide very little in terms of health benefits while imposing substantial costs on American consumers.

We need you to contact Congress and urge them to stop EPA’s new rule. During this current economic downturn, Congress needs to ensure any new regulations protect consumers, help create high-paying American jobs and make sure America has access to reliable and affordable electricity. 

© 2011, National Mining Association.
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