Constitutional : Contraceptive Mandate – Enforcement – Standing

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Where corporation and its shareholder challenged the federal contraceptive mandate, appealing the district court’s refusal to enjoin government enforcement, the corporation had fewer than 50 full-time employees, so it was not required to offer health insurance of any kind, and it was unclear whether the corporation’s alleged injury was caused by the government defendants and redressable by the federal courts, so the court’s denial is vacated and remanded.

Hobby Lobby

Opinion concurring in result, Colloton, J.: “Like the government, I conclude that there is an Article III case or controversy. The district court’s order denying a preliminary injunction should be vacated in light of Hobby Lobby.”

Dismissed; vacated.

Annex Medical, Inc. v. Burwell (MLW No. 67004/Case No. 12-1118 – 12 pages) (U.S. Court of Appeals, 8^th Circuit, Riley, J.) Appealed from U.S. District Court, District of Minnesota, Doty, J.  (Erick G. Kaardal, Minneapolis, argued for appellant; Kaylan Lytle Phillips and Noel Johnson appeared on the brief) (Adam C. Jed, Washington, D.C., argued for appellee; Mark Stern and Alisa Beth Klein appeared on the brief).

Read the full text of this opinion. (PDF)