Thomas More Law Center

The Sword and Shield for People of Faith

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Religious Beliefs of Four Brothers Prompts Challenge to the HHS Mandate – Thomas More Law Center Files Lawsuit

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ANN ARBOR, MI — Today, the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, filed a lawsuit in the Federal District Court for the Eastern District of Michigan challenging the Obama Administration’s HHS Mandate.  The lawsuit was brought on behalf of four brothers, Terrence, John, James and Christopher Nagle and their family-owned business, M&N Plastics, Inc.  The case has been assigned to Federal District Judge Victoria A. Roberts.

Erin Mersino is TMLC’s principal attorney handling the case for the four brothers. This is the sixth challenge to the HHS mandate Mersino has filed.

The four brothers, all devout Christians, purchased their father’s plastics business, M&N Plastics located in Sterling Heights, Michigan, in 1998.  Terrence Nagle, Jr., John Martin Nagle, and James Nagle are faithful Catholics.  Their brother Christopher Nagle is a faithful Baptist.  They all share a deep religious conviction that abortion, abortifacients, and life-ending contraceptives are a grave sin.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commenting on their latest lawsuit stated, “The HHS mandate represents an unprecedented demand by our government that faithful Christians sacrifice their conscience to appease the political gods in Washington.  We believe that such a demand violates fundamental rights guaranteed under our Constitution and laws. We filed this lawsuit to enforce those rights.”

Based on their deeply held religious beliefs and the teachings of both the Catholic and Baptist churches, the Nagle brothers have never offered insurance which included coverage for contraception, sterilization, abortion, and abortifacients. They believe these procedures involve gravely immoral practices and the intentional destruction of innocent human life.

However, the HHS Mandate promulgated by the Obama Administration now requires them to pay for health insurance that covers abortion-inducing drugs, contraception and sterilization or pay draconian fines.     Because of the HHS Mandate, the Nagle brother’s must now choose between violating the principles of their faith and violating the law—an unconstitutional choice.

The purpose of the lawsuit is to seek a court ruling that declares the HHS Mandate violates the Constitution and Federal statutes and to permanently block its enforcement.

Click here to read the entire 39 page lawsuit.

With 109 employees, the Nagle brothers face a penalty of nearly $4 million every year they refuse to abide by the dictates of the HHS Mandate.  Under the specific HHS Mandate, they would pay penalties in the amount $2000 per year per employee, amounting to $218,000 per year, plus another $3.9 million per year under the Internal Revenue Code calculated at $100 per employee per day.

The lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment rights to the Free Exercise of Religion, Free Speech and the Establishment Clause.   It also claims that the HHS Mandate violates the Religious Freedom Restoration Act and the Administrative Procedure Act.

Named as Defendants in the lawsuit are Kathleen Sebelius, Secretary of the Department of Health and Human Services; Seth D. Harris, Acting Secretary of the Department of Labor; Jack Lew, Secretary of the Department of Treasury; and their respective departments.

The first paragraph of the lawsuit succinctly sets forth its basis: “This is a case about religious freedom.  Thomas Jefferson, a Founding Father of our country, principal author of the Declaration of Independence, and our third president, when describing the construct of our Constitution proclaimed, “No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.’”

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

April 28, 2013 Washington Times Article – LTC Dooley’s Career Ruined in the name of Islam – Pentagon top brass rejects his selection for command

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In light of the recent terrorist bombing in Boston, national attention is refocused on the case of TMLC client, Army LTC Matthew Dooley.  In 2012, Dooley was fired from the National Defense University’s Joint

DOOLEY alert photo combatForces Staff College for teaching an elective course on Radical Islam because it was offensive to Muslims.

LTC Dooley was reassigned to a weapons integration unit at Fort Eustis, VA.  In this new position, Dooley again received an outstanding Officer Evaluation Report (OER).  Click here to read LTC Dooley’s most recent OER. 

Moreover, LTC Dooley’s case went before the Army Command Selection Board comprised of three generals and two colonels.  The board recommended he be retained on the Battalion Command selection list.

 

However, political correctness again ruled the day.  Gen. Lloyd J. Austin, the Army Vice Chief of Staff, ordered Lt. Col. Dooley’s name removed from the command list.

In his Sunday April 28th article, Washington Times reporter Rowan Scarborough reported on these latest developments.   Click here to read the entire article.

TMLC is honored to defend this courageous American hero!

Please click here to support TMLC’s defense of the LTC Matthew Dooley.

Voice For Life Wins! Pro-Life Group Granted Rights as Official Student Club of Johns Hopkins University

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news_img_3547The Thomas More Law Center (TMLC)  announced this morning that the Student Government Association (SGA) Judiciary Committee of Johns Hopkins University (JHU) issued a unanimous decision late yesterday evening overturning a SGA ruling that denied recognition to Voice for Life (VFL) as an official student club of the University.

TMLC, whose mission includes defending the constitutional rights of pro-life groups and individuals, representing VFL, authored an April 4th letter to top Johns Hopkins University officials and the SGA Judiciary Committee laying out the legal basis requiring recognition of VFL.  However, Andrew Guernsey, VFL’s president and Chris Fernandez, VFL’s treasurer, presented VFL’s case to the SGA Judiciary Committee last night.

Responding to the decision, Andrew Guernsey commented: “We commend the SGA Judiciary for honoring Johns Hopkins’ institutional commitment to free speech by overturning Voice for Life’s rejection by the SGA Senate. Today is a victory not only for pro-life students here at Johns Hopkins, but for pro-life students around the country. We hope that our story of rising above discriminatory opposition can inspire pro-life students around the country to courageously take a stand for life and speak truth to power at their own college campuses.”

Continued Guernsey, “On behalf of JHU Voice for Life, I wish to thank all our supporters in the Hopkins-Baltimore community and around the country. I especially want to express my gratitude to Students for Life, FIRE, and the Thomas More Law Center for their support in helping us win approval from the SGA. It is important that pro-life students like us who face unjust discrimination on their college campuses know that they are not alone, and that there are powerful resources to help them win the battle for free speech in order to win the war of defending the dignity of every human life.”

Monica Rex, Vice President of JHU VFL, added: “Now that the SGA Judiciary Committee has approved us, we are ready to begin the real work of saving lives!  While the road was difficult, we have learned just how much this fight for life means to us, and how important it is that students at Johns Hopkins have the opportunity to hear our pro-life message. Johns Hopkins has always stood for the very best in higher education, and we look forward to bringing our pro-life message to future leaders in the medical industry here at Hopkins.”

On March 12th, SGA denied VFL’s application for official recognition as a student club on the grounds that VFL’s intention to peacefully engage in sidewalk counseling off campus at a Baltimore abortion facility violates the University’s anti-Harassment and Code of Conduct policies, and that VFL’s website includes a link to the Center for Bio-Ethical Reform’s website, which features images of aborted preborn babies, considered by members of the SGA to be “offensive”.

The SGA March 12th denial was affirmed by the SGA Senate on March 24th.  VFL filed an appeal with the student Judiciary Committee.

Richard Thompson, TMLC’s President and Chief Counsel, commented: “This is a great example of courageous students facing tremendous opposition, sticking to their deeply held pro-life principles and advancing those principles based on their right to free speech so deeply engrained in our culture, enshrined in our constitution, and fostered at Johns Hopkins University.”