By Denise M. Burke, Esq.
Nearly two years ago, the Obama Administration announced its patently unconstitutional "HHS Mandate," requiring many employers to provide insurance coverage for abortion-inducing drugs, contraceptives, and sterilization without regard for the conscientious or religious objections of the employers or the employees to be covered by the insurance. Since then, the Administration has issued two sets of proposed rules -- the most recent coming in February 2013 -- for implementing the Mandate. Neither set of rules adequately protects freedom of conscience or religious liberties.
The fight over this coercive mandate continues both in the courts and in the equally important "court of public opinion." Undoubtedly, the U.S. Supreme Court will eventualy have to decide whether the American Constitution still protects individual rights including freedom of conscience and freedom of religion.
Thus far, 50 lawsuits involving more than 150 plaintiffs (both organizations and individuals, both Catholic and Protestant) have been filed in federal courts around the country challenging the constitutionality of the Mandate. And here we have some good news: In 18 of 21 cases involving for-profit organizations challenging the Mandate, the courts have issued decisions as to whether or not the Mandate can be enforced against these for-profit organizations. And in 13 of those 18 cases, the courts have ordered that the Mandate cannot be enforced. In so finding, the courts have been required to evaluate the constitutionality of the Mandate. Since they have -- for the most part -- declined to enforce the Mandate, this essentially means that the courts do not believe the Mandate is, in fact, constitutional. These results bode very well for the continued litigation over the Mandate and for the Supreme Court's ultimate decision on the enforceability of the Obama Administration's coercive and politically motivated mandate.
For more information about the ongoing legal fight against the Mandate, visit HHS Mandate Information Central | Becket
Fund.
Nearly two years ago, the Obama Administration announced its patently unconstitutional "HHS Mandate," requiring many employers to provide insurance coverage for abortion-inducing drugs, contraceptives, and sterilization without regard for the conscientious or religious objections of the employers or the employees to be covered by the insurance. Since then, the Administration has issued two sets of proposed rules -- the most recent coming in February 2013 -- for implementing the Mandate. Neither set of rules adequately protects freedom of conscience or religious liberties.
The fight over this coercive mandate continues both in the courts and in the equally important "court of public opinion." Undoubtedly, the U.S. Supreme Court will eventualy have to decide whether the American Constitution still protects individual rights including freedom of conscience and freedom of religion.
Thus far, 50 lawsuits involving more than 150 plaintiffs (both organizations and individuals, both Catholic and Protestant) have been filed in federal courts around the country challenging the constitutionality of the Mandate. And here we have some good news: In 18 of 21 cases involving for-profit organizations challenging the Mandate, the courts have issued decisions as to whether or not the Mandate can be enforced against these for-profit organizations. And in 13 of those 18 cases, the courts have ordered that the Mandate cannot be enforced. In so finding, the courts have been required to evaluate the constitutionality of the Mandate. Since they have -- for the most part -- declined to enforce the Mandate, this essentially means that the courts do not believe the Mandate is, in fact, constitutional. These results bode very well for the continued litigation over the Mandate and for the Supreme Court's ultimate decision on the enforceability of the Obama Administration's coercive and politically motivated mandate.
For more information about the ongoing legal fight against the Mandate, visit HHS Mandate Information Central | Becket
Fund.
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