Injunction Can't Ax Dismissal Bid In Contraception Suit: US

Law360, New York (August 3, 2012, 4:30 PM EDT) -- An injunction temporarily shielding a Colorado business from the Affordable Care Act's contraception mandate because of the owners' religious beliefs wouldn't preclude the case's dismissal for the plaintiff's failure to state a claim, the government said Thursda.

Attorneys for Hercules Industries Inc. on Monday suggested that U.S. District Judge John L. Kane Jr.’s July 27 injunction precludes dismissal of the heating and air-conditioning systems manufacturer's claim that the contraception mandate violates its rights under the Religious Freedom Restoration Act.

However, Judge Kane didn’t determine whether Hercules...
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