Good news on the religious liberty front. Gabriel Malor writing at Ace of Spades give a great rundown of the main points of the district court judge’s ruling with regards to forcing the Catholic Archdiocese of New York to cover, or exempt themselves, from the ObamaCare™ requirement that they cover contraception or abortion. In a snark-less post, it’s just a matter-of-fact examination of the ruling, and why this may have a very tough road to the Supreme Court, assuming it’s appealed that far.
Some highlights (but, as they say, read the whole thing):
This is the first litigation to result in a final injunction against the contraception mandate for religious non-profit organizations that come within the Obama Administration’s purported exemption to the mandate.The 7th, 10th, and D.C. Circuit Courts of Appeals have all found the mandate to be an unacceptable burden on the free exercise of religion for for-profit businesses that don’t come under the exemption. This case is important, though, because it recognizes that even the act of having to claim the exemption is an unacceptable burden on religion.
Very late in this case, the government realized that, although the Archdiocese and its constituent organizations are covered by the mandate, the regulations might not actually force a third party they designate to provide the objectionable contraception coverage. The judge was not amused:
The Obama administration has handed out so many exceptions to the law, it can no longer claim the law serves a compelling purpose.
The administration, as it has frequently done with respect to disobeying laws it does not like, argued that it had to enforce the contraception mandate in such an infringing manner because it could not do it any other way. The district court pointed out the obvious flaw in this line of thinking:
A very interesting and damaging ruling.