Can Little Sisters Be Saved From ObamaCare?

IBD EDITORIALS ^ | December 20, 2012

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First Amendment: A federal appeals court has reinstated lawsuits from two religious colleges against the HHS contraception mandate, saying promises to rework it aren't enough. Can a group of nuns helping the poor be protected?

On Tuesday, a chink in ObamaCare's armor developed as a federal appeals court in Washington, D.C., reinstated lawsuits by Wheaton College and Belmont Abbey College that had been dismissed by lower courts on the grounds the two schools had not yet suffered or demonstrated real harm by a law not yet fully implemented. The lower courts ruled the schools had to wait until the oncoming train actually hit them.

The appellate court reinstated those cases and ordered the Obama administration to report back every 60 days — starting in mid-February — until the administration makes good on its promise to issue a new rule that protects the colleges' religious freedom. The new rule must be issued by March 31.

The courts seem to be saying that, yes, ObamaCare threatens religious liberty, that religious institutions are not merely defined by church buildings open on Sunday but by the work they do and that the government needs to ensure the First Amendment is not gutted.

The court based its decision on promises government lawyers made in open court. First, they vowed to "never enforce (the mandate) in its current form" against Wheaton, Belmont Abbey or other similarly situated religious groups and it would issue a rule guaranteeing that. The D.C. court said, fine, we'll hold you to that.

This victory for religious liberty comes after another setback for ObamaCare, as a federal court judge let the Roman Catholic Archdiocese of New York proceed with its own HHS lawsuit, ruling that the government's promise of new regulations for religious employers was no reason to dismiss a challenge...

[COBOL2Java]

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Source: ObamaCare mandate may force nuns devoted to the elderly to leave U.S.

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Sister Constance said although their current objections to the HHS mandate have to do with reproductive issues, they are concerned that more mandates may be coming that will have a greater impact on their mission.

“What we fear is that, if the federal government succeeds in this case, there are other areas where they could exert pressure or enact measures that could endanger our apostolate — particularly in end-of-life care and in the possible rationing of care to the elderly as a cost-saving measure,” she said.

Sister Constance said their battle with the Obama administration has worried many residents of their nursing homes and assisted-living facilities. They wonder if the Little Sisters will be there to take care of them in years to come.

“We wish to avoid causing them any further anxiety,” said Sister Constance. “They are always our first concern, our employees as well.”

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The nuns are caught in an Obamacare Catch-22 because they never ask the elderly they care for what their religious affiliation is; they care for anyone who cannot afford it. Hence, Kathleen Sibelius' HHS says they do not qualify for a religious exemption.

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[Venturer]

The lower courts ruled the schools had to wait until the oncoming train actually hit them.
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It’s a rerun of why no one had “standing” to take Obama to court over his legality to serve as President.

Thankfully this court challenged that, but one day this will end in the Supreme Court and remember Obama has something on Roberts that keeps Roberts from voting for what’s right.

[SierraWasp]

I done put a "PING" on you, Jayster!!!

An you too, dixiechick2000!!!

Even PBS had a special show about "The First Freedom" establishing freedom of religion in the constitution by the founders the other night. Of course they then used it to try to reinforce "seperation of church and state" as if it were in the constitution too, which it is not!!!

Grampa Dave, it's probably on PBS.org for replaying if you missed it...

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[bunkerhill7]

Can Little Sisters Be Saved From Big Brother?

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