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Wednesday, August 1, 2012

Federal judge in Colorado issues first injunction against HHS Mandate; Expect more to come

A controversial Obamacare regulation has been temporarily shelved by a federal district court in Colorado in a blow to one of Obama’s primary regulatory pushes through his Health and Human Services Department.

The preliminary injunction granted on July 27th is no small matter as federal courts only grant injunctions under extraordinary circumstances.

In order for plaintiffs seeking an injunction to be successful, they must meet an extremely difficult standard. Not only must they show that they will suffer irreparable harm without the injunction, they must also prove that they are likely to win their case. Therefore, when a federal court grants an injunction, it is making a preliminary assessment that the law is on the side of the plaintiffs.
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Judy Morris,
Blogger, THL
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