Eternal Word Television Network, Inc. v. Secretary, U.S. Department of Health & Human Services

PRYOR, Circuit Judge,

specially concurring:

I concur that we should grant the injunction pending appeal sought by The Eternal Word Television Network, Inc. I write separately to explain why the Network is substantially likely to succeed on the merits of its appeal that the contraception mandate of the Patient Protection and Affordable Care Act, 42 U.S.C. § 300gg-13(a)(4), violates the Religious Freedom Restoration Act, id. § 2000bb-l. The Network has asserted, without dispute, that it “is prohibited by its religion from signing, submitting, or facilitating the transfer of the…