A divided panel of the D.C. Circuit ruled this morning, in Gilardi v. U.S. Dep’t of Health and Human Services, that two brothers, Francis and Philip Gilardi, who own and operate a food-supply company are entitled under the federal Religious Freedom Restoration Act to a preliminary injunction against imposition of the HHS mandate on contraception and abortifacients.....
Petitions for certiorari from three federal appellate rulings on the HHS mandate are already before the Supreme Court. It is a very safe bet that the Court will grant review in one or more of the cases. Today’s ruling makes it all the more likely that the Court will ensure that the questions presented extend beyond the RFRA rights of for-profit corporations to include the rights of their individual owners.
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