May 2016: SCOTUS refuses to rule on legality of mandate, but lifts threat of fines to Little Sisters of the Poor and other mandate challengers
Older posts in chronological order:
It Takes a Village to Kill a Mandate: “The HHS mandate plays strange games with health care, and thus with people’s lives. It says certain procedures are “preventive” and thus must be free to women. No co-pay. Except that’s not really free: everyone, including women with religious objections to the procedures, must pay, since everyone will be required to carry insurance…But what about the First Amendment? The HHS mandate attempts to get around that by exempting certain religious employers – but not the ones that serve people of other religions. As others have pointed out, Jesus and the apostles would flunk that test….t does not matter if those of us who reject the mandate are in a minority. The Bill of Rights was not put into the Constitution to protect majorities.” More …
Mandate Rationale? Try Checking Under the Penumbra: “One bold soul asked [HHS Secretary Kathleen Sebelius] how she decided the HHS contraceptive-coverage mandate could square with religious liberty. Madam Secretary’s reply: ‘Congressman, I’m not a lawyer and I don’t pretend to understand the nuances of the constitutional balancing tests’…” More...
Go Back to the Drawing Board (my remarks at a Standing Up For Religious Freedom rally in Concord, NH): “My faith is not a crime, a woman’s fertility is not a disease, and this mandate has got to go.” More...
Fortnight for Freedom: The United States Conference of Catholic Bishops calls for two weeks of prayer and action to bring about repeal of the Mandate.
Memo to the President: Mandate 2.0 is still a failure. Despite tweaks to the Mandate, it still reflects contempt for religious liberty. It also reflects a troubling belief that women are broken and need to be fixed. More…
Here’s a link to the excellent speech I heard at CPAC 2013 by Eric Metaxas on religious liberty, which included remarks on the threat to the First Amendment posed by the Mandate.
Link to post by Gail Finke: How will the Mandate kill religious freedom?
Bishop Peter Libasci opens Fortnight for Freedom in New Hampshire: “Fighting for freedom includes standing for the freedom to stand before God in clear conscience.” More…
Will the real mandate please stand up? “I take all this as an affirmation by the current Administration that concerns over excess paperwork are a good reason to change a mandate, while concerns about religious liberty are not.” More..
Hobby Lobby gets a lower-court victory: an early mention of what would later become a landmark U.S. Supreme Court case.
Anti-Mandate demonstration planned in DC: “…why isn’t men’s fertility of equal concern to the federal government? How is it that women are the ones that need ‘fixing’ along with regular checkups?”
Shutting down the government to protect the Mandate: Shea-Porter, free pills, and religious liberty. “Note her email’s smooth blend of HPV testing, domestic violence counseling, and birth control. All are ‘women’s preventive health services,’ according to Shea-Porter, reading from the HHS playbook. That term is the source of the HHS mandate, that outrage against the First Amendment, beside which Obamacare’s other flaws pale in comparison.” More…
DC Court of Appeals finds HHS Mandate compromises religious liberty: “The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a health care plan.” More …
Three things the latest Obamacare “fix” doesn’t fix: “No matter what Obamacare’s partisans may say, providing health coverage to uninsured Americans cannot possibly be the goal of the law – not while the HHS Mandate stands, while business owners have more incentive to drop than to keep insurance for their workers, and while federally-dictated mandates piled onto insurance policies force increased premiums on all of us.” More…
First HHS Mandate cases reach U.S. Supreme Court: Hobby Lobby and Conestoga Wood Products, whose owners are Evangelical and Mennonite respectively, will get a hearing in this Court term. Does a religious liberty interest apply to an individual acting as owner of a business, as well as to an individual acting alone? More…
Three indications that Obamacare is not about to fall apart: Sebelius is still at HHS, lack of cybersecurity hasn’t stopped implementation, and the White House is still telling Americans how they may practice their religions.
The Hobby Lobby case is argued at the Supreme Court, and Americans United for Life debuts a video called “The Con” spotlighting the fact that this isn’t about birth control – it’s about religious liberty.
Scott Brown and the Blunt Amendment: Former U.S. Senator from Massachusetts Scott Brown is now running for Senate from New Hampshire. He supported the Blunt Amendment, which unsuccessfully sought to have conscience protections written into Obamacare. More…
Why sue over the Mandate? With three days to go until the Hobby Lobby decision is handed down, here’s a quick review of reasons behind Mandate litigation.
So much noise, so little substance: life after Hobby Lobby. “One hates to be the skunk at the garden party, but that’s the position in which I find myself. The Supreme Court’s Hobby Lobby decision was a relief. That’s it. It isn’t worth having a party over. I wish it were….All this fuss and bother, just because five Justices (and only five) agreed that a boss in a closely-held private company may not be compelled to help pay for or procure an employee’s abortion-inducing ‘birth control.’ This is a limited decision – appallingly limited.” More...
Not just freedom to worship: Pope Benedict casts a jaundiced eye on efforts to restrict Americans’ religious liberty.
Tales from the crypt: here comes the Equal Rights Amendment (again). Member of Congress Carolyn Maloney fumed, “They could not have made the Hobby Lobby ruling with an ERA.” More…
Year in review: Two Supreme Court cases were encouraging, but conscience rights are still under assault.
Will the NH Senate throw a Hobby Lobby tantrum? A bill seeks to shame employers who choose not to be involved in employees’ birth control decisions.
First-in-the-Nation presidential candidates, where do you stand on the Mandate? “Will first-in-the-nation voters ask the right questions about the mandate, or will they let candidates get away with avoiding the issue?” More…
Another Fortnight for Freedom – with more religious liberty questions than ever. “Here’s something from Justice Kennedy’s opinion, addressing dissenters from the decision. Substitute ‘abortion rights’ or ‘contraceptive mandate’ for ‘same-sex marriage’ and see how it sounds. This statement is now part of constitutional law. If it applies to differing beliefs about marriage, it ought to apply to other issues as well.” More...
March for Life organization resists Mandate: “March for Life recently prevailed in federal court. Yesterday, the Obama Administration – specifically, the Secretaries of the Treasury and Health and Human Services – filed an appeal. And by the way, what’s the Treasury secretary doing signing on to the appeal against March for Life? Is that a heavy-handed way of serving notice that the March’s tax-exempt status is on the line here?” More...