The Obama administration today filed its first legal response to Belmont Abbey College’s lawsuit challenging the controversial contraception mandate, according to The Becket Fund for Religious Liberty, which represents Belmont Abbey in this case.
The Obama administration had their first opportunity to explain to the court and the country why the mandate is not illegal and unconstitutional, and it seems like an epic fail.
“You might have expected them to argue that we don’t have a constitutional claim,” Mark Rienzi of the Becket Fund told The Cardinal Newman Society. “But instead they said ‘hey didn’t you hear we may fix it someday?’”
Rienzi called it “really cynical” to have a law on the books but then argue that the court shouldn’t look at the law, because the administration said they’d fix it some day in the future.
He said he suspected that the administration knew they were on shaky legal ground when the lawyers kept asking for extensions while the politicians kept holding press conferences. He said that the administration’s promise to change the law in the future doesn’t stand up to constitutional scrutiny.
“Apparently, the administration has decided that the mandate, as written and finalized, is constitutionally indefensible,” said Hannah Smith, senior counsel at The Becket Fund. “Its only hope is to ask the court to look the other way based on an empty promise to possibly change the rules in the future.”
The administration’s legal filing is based on President Obama saying at a press conference last week that the rules may be changed in the future.
But the Becket Fund points out that what’s said at a press conference is not legally binding and does nothing to change the law on the books.
“Promises, promises. The Administration is taking the remarkable position that announcing future plans at a press conference means the courts should ignore what the law on the books actually says,” added Smith. “Since when does ‘Trust me, I’m from the government’ suspend the laws of the land?”
Smith added, “If this is the best the administration can do to defend its mandate, it won’t last long.”
The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions.
Adam Wilson
CNS Staff
Matthew Archbold
Charlotte Hays
6 Comments
Oh wow… Much as we have all learned not to listen to any of Obama’s ‘promises about anything whatsoever, this IS pretty laughable. I wonder if I should try a similar tactic: “Hello, officer. Yes, I know I was going 87 in a school zone, but if you don’t mind, could I please have 4 more years of speeding, and then in the future I promise to stop speeding and change my behavior? And pay the fines? Pretty please?”
Uh huh.
This is an issue about religious liberty. We must take a strong stand against the government telling our Catholic Church how we must act, or telling any religious organization how they must act. I was listening to Archbishop Dolan and Father Groeschel on EWTN the other night and they both brought up the subject of “civil disobedience” in regard to obeying this Obamacare’s mandate. This Obama government is violating our U.S. Constitution; and we must remember this come November.
Paul
For the Pres to say something that is not on paper as if it, therefore, is the current policy is typical Obama. To argue, in court, that it may be changed someday as a defense suggests the admin has no respect or need for the courts or congress for that matter. Guess where that is headed?
Thank you, thank you, thank you for standing up for our religious liberty
This is one more move in the rudderless Obama administration. Without a moral compass, he is lost in the forest of hardwoods. One of his major mistakes is to cater openly to sectors that support him financially, then exact their fee, totally opposite from a leader of our country who should look at what’s best for the great majority to continue to move forward. Examples include his support for the homosexual movement; for governmental and other unions at this interval in our history; for the socialization of medicine; for environmental support in opposition to the XL Pipeline project; for support for abortion and embryonic stem-cell research when more and more people are coming to terms with the reality of human life at conception.
Obama wants the Catholic instutions and other religious organizations to close down. Therefore, the money now goes to Obama and he now takes over the “Charity Work”.
The Government now conatrols more wealth and is responsible for deciding to WHOM it goes.
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