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Is this the next big blow to obamacare -- judge saying to the founder of Domino's Pizza does not need to offer contraception coverage to his employees.
Now what's this all about Doug burns former federal prosecutors with with us and studio good morning.
To use -- this -- a lawsuit or let's be careful about this nor the -- that has not been entirely settled correct.
Excellent point what happened was they went for what's called a temporary restraining order.
Which is a very short term remedy which says.
This will not be implemented pending the outcome and then -- the next step which we lawyers now preliminary injunction simple English.
That Obama administration is enjoined from forcing them to provide this coverage until the lawsuit is decided so your point excellent one okay.
Not been -- -- we have step one in this though but the court has found that the health care law could impact.
Free exercise yet religion I find that significant it is.
Because by the way I -- to explain that when you are weighing a preliminary injunction.
One of the factors you look at is the likelihood that the person is going to prevail in the case.
So that's why you actually get into an analysis of the what we lawyers -- the merits of the claim.
And basically they're saying that look.
A right to free exercise of religion.
What's interesting by the way -- is the opinions twenty pages the first ten pages of it is whether a corporation has that right because the -- -- -- -- well because they're not significant -- unusual they sued in the name of the corporation as opposed to individuals.
I was just surprised at 50% of this opinion.
Is whether or not a corporation.
Has free exercise rights I think that's significant because.
In a lot of these cases you talking universities.
And it's not an individual you're bigger organizations image thing -- -- emphasizes the government said this is part of the law to improve public health.
Yes that's the Q what is the court's position.
On that there's a degree in constitution on how's this real simple.
We have in instances where you weigh in on -- you call our rational basis so something like you know you can't stand near construction site is that rational of course it is and -- have what's called.
Heightened scrutiny or compelling interest.
And the courts are gonna weigh this on that standard bill and the government says.
It's a compelling interest.
To promote and preserve public health but this judge disagreed and said wait a -- that's overridden.
By the religion that -- -- -- we await a final decision that will likely come from the US supreme yeah I think there's a split around the country and it's gonna go to the Supreme Court thank you Doug Doug burns here in New -- my -- aren't Martha.
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