Posted on 05/16/2016 3:29:35 PM PDT by NYer
While the consensus view seems to be that the Supreme Court punted today by sending the Little Sisters of the Poor case back to the lower courts, I must respectfully dissent. Although the Court didnt rule on the merits of the case, the Little Sisters won a significant victory one that is likely (though not yet certain) to persist through the next administration.
First, the Supreme Court vacated the lower court ruling holding that the Little Sisters had to facilitate access to contraceptives and denied that the mandate substantially burdened their religion. Speaking as a person whos argued a few cases in courts of appeal when the court vacates the ruling youre challenging, thats a win.
Second, the Supreme Court provided a roadmap for an excellent resolution to the case by outlining the accommodation it suggested, the Little Sisters endorsed, and the government reluctantly agreed to:
Following oral argument, the Court requested supplemental briefing from the parties addressing whether contraceptive coverage could be provided to petitioners employees, through petitioners insurance companies, without any such notice from petitioners. Post, p. ___. Both petitioners and the Government now confirm that such an option is feasible. Petitioners have clarified that their religious exercise is not infringed where they need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception, even if their employees receive cost-free contraceptive coverage from the same insurance company. Supplemental Brief for Petitioners 4. The Government has confirmed that the challenged procedures for employers with insured plans could be modified to operate in the manner posited in the Courts order while still ensuring that the affected women receive contraceptive coverage seamlessly, together with the rest of their health coverage.
Putting this in plain language, the Court suggested an accommodation that was far more respectful of the Little Sisters religious liberty than the challenged Obamacare regulations, and the government will now have extreme difficulty credibly arguing in lower courts that the Supreme Courts own suggested compromise should be set aside.
Third, this ruling was unanimous. That means the DOJ should be far from confident that it can simply wait out the new presidential election and pursue its original claims with the same hope for success especially if it spent the intervening years rejecting a compromise that it already seemed to accept.
Fourth, we cant forget the context. This the second time a unanimous Supreme Court has turned back the Obama administrations regulatory efforts to restrict religious freedom (Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC was the first), and it represents yet another setback for the administrations contraception/abortifacient mandate. The Obama administration has pushed hard against religious liberty on occasion too hard even for the Supreme Courts more liberal justices.
Theres no doubt that it would have been preferable to win the case on the merits, but this is not the outcome the Obama administration hoped for, and its better than the 4-4 tie that most people predicted. A tie would have let stand rulings against the Little Sisters and most of the other religious organizations challenging the mandate. This outcome, by contrast, provides a judicial roadmap for a national victory for religious liberty. Congratulations to the Little Sisters, their fellow petitioners, and their capable counsel. Today is a good day for Americas first freedom.
Catholic ping!
Thank you for posting this explanation
This will not sit well with the Obama. He will make us all pay.
The NCBC Congratulates the Little Sisters of the Poor on HHS Mandate
Today the Supreme Court of the United States (SCOTUS) recognized, in a unanimous decision, that the HHS can find other means to accomplish its goal of providing universal contraceptive coverage without compromising the deeply held religious beliefs of the numerous petitioners, including the Little Sisters of the Poor. In its ruling, SCOTUS vacated all lower court decisions against the numerous petitioners, forbidding the implementation of the millions of dollars in penalties against these faith-based organizations. While not indicating that the federal government had violated the free exercise of religion of the petitioners because the HHS did not provide the least restrictive means to accomplish its goals, SCOTUS clearly is asking the lower courts to find other means to accomplish the aims of the Affordable Care Act. The NCBC has been a signatory to 19 amicus briefs in support of petitioners and congratulates each of them for their fortitude this first day after Pentecost Sunday with its blessings of the fullness of the gifts of the Holy Spirit.
In case you missed it ...
Planned Parenthood CEO: My Proudest Moment is Forcing Christians to Pay for Abortion Drugs
I fear that Obama wants to be moral police on private parties, not just to dole out controversial things in the government’s name when private parties won’t do what he wants.
Great start!
I know, they thrill to stuffing things down Christians’ throats.
We should remember to be grateful to God that He has chosen to let Little Sisters’ means of extending the grace of God continue without getting them embroiled in an unacceptable way against their conscience.
In general this is a good sign. If God prospers it, then it really was of God. The world, the flesh, the devil may challenge God, may even seem to slow God down, but ultimately can’t stop God.
We MUST get a Republicans elected in the fall. From top to bottom of the ticket !
We must get Jesus elected in our hearts. To do good things better than we have even dreamed possible.
If that were your ‘proudest moment’ what a pathetic life you must have lived...
It’s what wickedness fundamentally thrills for.
Have you been following Franklin Graham ?
The prayer gathering before each primary elections?
# 6 ~ Planned Parenthood CEO: My Proudest Moment is Forcing Christians to Pay for Abortion Drugs ~
If you think that is your ‘proudest moment’ you may as well lie down and DIE!
:)Saw it on twitter.So happy for them.They couldn’t take the little Nuns praying outside with their Rosaries of the Supreme Court anymore.Gotta love it.father Pavone was pushed done too.Good news
Franklin Graham can’t do this for America any more than Ted Cruz could.
bump
Maybe the lower court will get it right this time.
Thanks for posting Johnie. Quite surprised frankly.
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