Tyndale Publisher Wins Again on HHS Mandate

Tyndale Publishers won by default at the Appellate Court level on a case against the HHS Mandate  Friday. The victory was automatic when the Obama Administration withdrew its appeal of an ruling by a lower court.

The publisher, which specializes in publishing Bibles, won a preliminary injunction in November from a lower court. The injunction prevented the government from enforcing the HHS Mandate against Tyndale, at least until the Supreme Court decides how to rule on the issue. The Obama Administration filed an appeal to this decision, which it withdrew on Friday, May 3.

The HHS Mandate forces religious businesses such as Tyndale pay for insurance coverage of abortifacient drugs. 

Alliance Defending Freedom, which is a legal group, has made statements that the reason the Obama Administration withdrew its appeal is that “The government dismissed its appeal because it knows how ridiculous it sounds arguing that a Bible publisher isn’t religious enough to qualify as a religious employer.”

Perhaps the person who said this has inside knowledge as to what the administration’s motives were for withdrawing the appeal. I am guessing that the administration thought they were going to lose the appeal, but I don’t know. 

Tyndale, functions as a Christian organization. It’s states that one of its “corporate goals is to honor God.” It holds weekly chapel service for employees, opens business meetings with prayer, and sends employees on Christian missions projects that are paid for by the company. Tyndale’s trustees must affirm a statement of faith says “there is one God, eternally existent in three persons.”

I want to emphasize that, while this victory is a good thing, it is not final. All roads in this case lead to the Supreme Court and what it decides.

From the Baptist Press:

WASHINGTON (BP) — A leading Bible publisher won another court victory against the Obama administration’s abortion/contraceptive mandate Friday (May 3), thanks in part to the administration’s own partial retreat in the case.

The publisher, Tyndale House, had won a preliminary injunction in November from a lower court that prevented the government from enforcing the mandate, which forces businesses such as Tyndale to cover contraceptives that can cause chemical abortions. The drugs often are called “emergency contraceptives” and can act after conception and implantation, and come under brand names such as Plan B and ella.

The administration appealed that injunction to the U.S. Court of Appeals for the District of Columbia, but eventually asked that the appeal be dismissed. The three justices on Friday granted the administration’s request and dismissed it.

The injunction will remain in place while the case itself, Tyndale House Publishers v. Sebelius, moves forward. The lower court judge, Reggie B. Walton, had said in his November injunction ruling that Tyndale likely would win the overall case.

The legal group Alliance Defending Freedom says the government’s desire to withdraw its own appeal is a good sign for religious liberty. ADF is representing Tyndale.

“Bible publishers should be free to do business according to the book that they publish,” said ADF senior legal counsel Matt Bowman. “The government dismissed its appeal because it knows how ridiculous it sounds arguing that a Bible publisher isn’t religious enough to qualify as a religious employer. For the government to say that a Bible publisher isn’t religious is outrageous, and now the Obama administration has had to retreat in court.” (Read the rest here.)