Federal Court Blocks Contraception Mandate - For Now
Yesterday, a federal court blocked the ObamaCare contraception/abortion mandate -- and rejected the Obama administration's outrageous claim that for-profit corporations have no claim to religious freedom.
The case was brought be Newland family of Colorado, who co-own Hercules Industries. The Newlands are devout Catholics and they created a self-insured health plan for Hercules employees that does not cover abortifacent drugs, contraception, or sterilization. But under Obama, of course, every company must adhere to the mandate, whatever the religious scruples of the owners. Perhaps this makes sense in the Obama Bunker -- after all, the Newlands "didn't build" their company, why should they be allowed to run it as they see fit?
At this stage it's only a temporary injunction, but it is significant because a judge only grants such injunctions to the party that has the greater "likelihood of success on the merits." Thus, such injunctions are usually seen as an early indication of which way the judge is leaning.
In defense of the mandate, the Obama/Sebelius HHS hit an all-time low, arguing that burden on religious exercise of owners of family business is “not cognizable” under the First Amendment and the federal Religious Freedom Restoration Act (RFRA) if the business is a “legally separate, secular corporation." Over at NRO, Ed Whelan makes mincemeat of this proposition, pointing out that this argument would allow, for example, the federal government to order a family-owned Jewish deli to stay open on the Sabbath.
I doubt whether Obama would disagree with the government's power to do that. Obama and his cabinet have made a concerted effort to cast the First Amendment as only guaranteeing "freedom of worship," i.e., that it only protects your right to pray, not to practice. But the text is clear: "free exercise" is the right that must not be abridged -- and to "exercise" religion means more than a weekly visit to the Rev. Wright's church. The Founders knew that.
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Comments:
Jun '12
Re: Federal Court Blocks Contraception Mandate - For Now
All Christians -- Catholic and small-p protestant -- should be praying that this mandate gets overturned completely.
May '10
Re: Federal Court Blocks Contraception Mandate - For Now
Adam Freedman: ...pointing out that this argument would allow, for example, the federal government to order a family-owned Jewish deli to stay open on the Sabbath.
I doubt whether Obama would disagree with the government's power to do that.
OK then, substitute "order a family-owned vegan restaurant to serve cheeseburgers" or "order a Halal grocery owned by strictly observant Muslims to sell alcoholic beverages." Obama would probably disagree with the government's power to do those things (unless ordering it would somehow increase his chances of getting re-elected).
Oct '10
Re: Federal Court Blocks Contraception Mandate - For Now
At some future date we can expect Chief Justice Roberts to cleverly uphold Obama using some imaginary pretext, and then to spend a few weeks reading on NRO and other "conservative" sites, ad nauseaum, how Roberts is cleverly outsmarting Obama and setting up an ambush.
Can't wait.
Apr '11
Re: Federal Court Blocks Contraception Mandate - For Now
I'm slightly inclined to praying that it gets overturned in three months time or a little longer. It's one of our biggest electoral assets.
Jun '12
Re: Federal Court Blocks Contraception Mandate - For Now
James Of England
I'm slightly inclined to praying that it gets overturned in three months time or a little longer. It's one of our biggest electoral assets. · 3 hours ago
Sorry, I am not buying that we should accept something that is clearly bad for the nation as a whole because it gives us a temporary political advantage over our opponents.
Country before ideology, not the other way around.
Mar '12
Re: Federal Court Blocks Contraception Mandate - For Now
How about God before country?
Jun '12
Re: Federal Court Blocks Contraception Mandate - For Now
Schrodinger's Cat
How about God before country? · 30 minutes ago
That would also lead to wanting it overturned now, rather than in 3 months.
Re: Federal Court Blocks Contraception Mandate - For Now
It will take longer than three months to get this overturned in any event. But I don't think James is wrong to look at this tactically. Another few months of the mandate is an acceptable price if it helps to save the country from four more years of anti-religious mandates.
Jun '12
Re: Federal Court Blocks Contraception Mandate - For Now
With all due respect to the honored contributor, I disagree most strongly.
"Ideology before country" is how the lefties think. It is, in fact, the basis for the infamous Cloward-Piven Strategy, as well as lots of other lefty policies that weaken the nation as a whole but please certain elements of their base. We're supposed to be the adults in the room, putting the good of the nation before mere victory.
Aug '11
Re: Federal Court Blocks Contraception Mandate - For Now
I'm happy to hear. The government needs to be slowed down.
Apr '11
Re: Federal Court Blocks Contraception Mandate - For Now
ConservativeWanderer
With all due respect to the honored contributor, I disagree most strongly.
"Ideology before country" is how the lefties think. It is, in fact, the basis for the infamous Cloward-Piven Strategy, as well as lots of other lefty policies that weaken the nation as a whole but please certain elements of their base. We're supposed to be the adults in the room, putting the good of the nation before mere victory. · 1 hour ago
Has it gone into effect yet? If it doesn't go into effect, I don't think that a brief period of uncertainty about it is going to do much harm to God or country, and I can see it doing a fair bit of good.
Mar '12
Re: Federal Court Blocks Contraception Mandate - For Now
What happens if this arrives at the Court of the Dread Pirate Roberts?
Jun '12
Re: Federal Court Blocks Contraception Mandate - For Now
James Of England
Has it gone into effect yet? If it doesn't go into effect, I don't think that a brief period of uncertainty about it is going to do much harm to God or country, and I can see it doing a fair bit of good. · 1 hour ago
You don't seem to understand the job-killing -- or at the very least, hiring-freezing -- effects of uncertainty in the economy. For more information, see here, here, and here, among many others.
As long as this is on a temporary injunction, because of the temporary status of said injunction, there's a chance that it could be reinstated. That means that businesses pretty much have to budget as if it will be reinstated, and that kills jobs. Only if and when it is finally shot down will businesses be free to budget on that basis. This is because you always budget for the worst-case scenario, because if you're wrong, you're still in better shape than if you budgeted on a best-case scenario and turned out wrong.
Therefore, the injunction doesn't change the effect on business. Only a reversal will do that.
Apr '11
Re: Federal Court Blocks Contraception Mandate - For Now
ConservativeWanderer
James Of England
Has it gone into effect yet? If it doesn't go into effect, I don't think that a brief period of uncertainty about it is going to do much harm to God or country, and I can see it doing a fair bit of good. · 1 hour ago
You don't seem to understand the job-killing -- or at the very least, hiring-freezing -- effects of uncertainty in the economy. For more information, see here, here, and here, among many others.
The HHS mandate? I don't think that that's going to kill a ton of jobs. It's a moral more than an economic evil. I do agree that it could conceivably be the straw that breaks the camel's back etc., but I'd be surprised if by itself it were responsible for many hiring freezes.
Jun '12
Re: Federal Court Blocks Contraception Mandate - For Now
James Of England
ConservativeWanderer
James Of England
Has it gone into effect yet? If it doesn't go into effect, I don't think that a brief period of uncertainty about it is going to do much harm to God or country, and I can see it doing a fair bit of good. · 1 hour ago
You don't seem to understand the job-killing -- or at the very least, hiring-freezing -- effects of uncertainty in the economy. For more information, see here, here, and here, among many others.
The HHS mandate? I don't think that that's going to kill a ton of jobs. It's a moral more than an economic evil. I do agree that it could conceivably be the straw that breaks the camel's back etc., but I'd be surprised if by itself it were responsible for many hiring freezes. · 6 hours ago
It is. Seriously.
Price out group health plans both with and without contraceptive coverage for, say, 50 people, 100 people, and 500 people, just to get an idea.
You'll find that the added cost of such coverage makes it a good deal more expensive to hire someone.