Contraceptive mandate could face tough sledding in Supreme Court

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Question is: will a ruling come in time to avoid closing the institutions in the first place? From what I understand, it does not seem likely. The damage may be done before it can be fixed.
 
in_servitude said:
Question is: will a ruling come in time to avoid closing the institutions in the first place? From what I understand, it does not seem likely. The damage may be done before it can be fixed.
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IMO, as long as it’s tied up in courts, the mandate shouldn’t kick in.
 
Sounds positive, I hope this mandate gets destroyed in the Supreme Court. Please sign the petition in my signature telling congress to have conscious protections.
 
I am confident that if this mandate made it to the Supreme Court, the justices would rip it apart.

Unfortunately, as poster in_servitude suggested, I doubt it will get there before 2013.
 
As the Senator of the Dark Force, Senator Palpetine said " I will make it legal."
No doubt the Liberal Democrats echo this sentiment and strategy by ‘stacking the Supreme Court Justices’ a la Ruthe Vader er… Bader Ginsurg. :cool:

Is there ***any ***doubt of this?
 
in_servitude said:
Question is: will a ruling come in time to avoid closing the institutions in the first place? From what I understand, it does not seem likely. The damage may be done before it can be fixed.
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Precisley. It is a scientifically engineered attack on our Faith, on Catholics and on the sick. It is fundamentally a Power Grab of epic proportions. It is a declaration of open hostilities by the Democrats against we ‘Non - Politically Correct’ ones.
 
I have faith that if the lawsuits are taken up, there will be an injunction placed on the mandate. This is a wonderful turn of events considering.
 
I am not so sure… We will see what we see - when we see it. I have faith that Eric Holder will prosecute somebody for objecting…:cool:
 
Perhaps the lawyers here can help, but exactly what effect would this have on the law as it stands? This mandate is a regulation from HHS, and the law grants HHS authority to set such mandates. Were the courts to side with the Church, would an injunction affect only the HHS regulations? Or would it go to the PPACA act itself?
 
Suudy said:
Perhaps the lawyers here can help, but exactly what effect would this have on the law as it stands? This mandate is a regulation from HHS, and the law grants HHS authority to set such mandates. Were the courts to side with the Church, would an injunction affect only the HHS regulations? Or would it go to the PPACA act itself?
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Administrative law is a little tricky. The regulatory body is usually given wide latitude to enact regulations (under the proper procedure) as long as they are following the general “legislative intent,” which can be quite general. Now obviously the HHS does not have the power to violate 1st amendment rights, nor is congress able to give that power to the agency. If the regulation is struck down on violating the 1st amendment, I believe that it will only touch on the regulation, as an act outside the agency’s statutory purpose, unless it is a specific power granted in the statute, then it could touch the whole statute.
 
As a lawyer, while such a mandate at first glace would not seem to past 1st Amendment scrutiny, I see this argument coming, “But we’re not taking away the Catholic employer’s
1st Amendement rights - it’s not like we’re mandating using sterilization, abortion, or contraception.”

It’s weak at best but then, we’ve been known to pass many laws and mandates that did not pass Constitutional muster - I know, I used to work in legislation in law school. This is a serious matter; our Bishop just wrote a letter read out to all parishioners at Sunday’s Mass - and I’m getting emails from priests asking me to share with other lawyers, judges and friends. Folks, get to usccb.org/issues-and-action/religious-liberty/conscience-protection/index.cfm and fight this! This is our Constitutional right at stake. Lobby, lobby, lobby and call your elected officials asap.
Maria
 
jilly4ski said:
Administrative law is a little tricky. The regulatory body is usually given wide latitude to enact regulations (under the proper procedure) as long as they are following the general “legislative intent,” which can be quite general. Now obviously the HHS does not have the power to violate 1st amendment rights, nor is congress able to give that power to the agency. If the regulation is struck down on violating the 1st amendment, I believe that it will only touch on the regulation, as an act outside the agency’s statutory purpose, unless it is a specific power granted in the statute, then it could touch the whole statute.
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Thanks! Awesome explanation.
 
teresadeavila said:
As a lawyer, while such a mandate at first glace would not seem to past 1st Amendment scrutiny, I see this argument coming, “But we’re not taking away the Catholic employer’s
1st Amendement rights - it’s not like we’re mandating using sterilization, abortion, or contraception.”

It’s weak at best but then, we’ve been known to pass many laws and mandates that did not pass Constitutional muster - I know, I used to work in legislation in law school. This is a serious matter; our Bishop just wrote a letter read out to all parishioners at Sunday’s Mass - and I’m getting emails from priests asking me to share with other lawyers, judges and friends. Folks, get to usccb.org/issues-and-action/religious-liberty/conscience-protection/index.cfm and fight this! This is our Constitutional right at stake. Lobby, lobby, lobby and call your elected officials asap.
Maria
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I sent a form e-mail to my elected officials in Washington off of the Catholic Advocate website urging them to support the Respect for Rights of Conscience Act and I get an e-mail back from my Congressman thanking me for my support of the Lyme and Tick-Borne Diseases Prevention, Education, and Research Act of 2009 :eek: :confused:
 
garn9173 said:
I sent a form e-mail to my elected officials in Washington off of the Catholic Advocate website urging them to support the Respect for Rights of Conscience Act and I get an e-mail back from my Congressman thanking me for my support of the Lyme and Tick-Borne Diseases Prevention, Education, and Research Act of 2009 :eek: :confused:
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Oh, Lord - really, I’m actually calling for his help. I’ve received emails like that before - calling instead can be effective, truly. Jilly4ski, you said it. And I practice in admin law - tricky, like law-easily-manipulated-to-benefit-agency-created-unConstitutional-policies tricky, right? 🙂 Could be years before we see any effective results in court. An injunction would be very nice.
 
teresadeavila said:
Oh, Lord - really, I’m actually calling for his help. I’ve received emails like that before - calling instead can be effective, truly. Jilly4ski, you said it. And I practice in admin law - tricky, like law-easily-manipulated-to-benefit-agency-created-unConstitutional-policies tricky, right? 🙂 Could be years before we see any effective results in court. An injunction would be very nice.
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lol, I took admin law in law school, but we also studied it pretty extensively in my international trade law class, interestingly enough. It is definitely skewed towards the agency.
 
brian24 said:
I have faith that if the lawsuits are taken up, there will be an injunction placed on the mandate. This is a wonderful turn of events considering.
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It will likely be held up, overturned (even that weak-spined Kennedy would side with the good justices), and in the end, Obama seems to have finally opened the eys of a few more Catholics and Bishops, who previously lapped up his pretty words as though he didn’t revile the people who were lsitening to him.

Even if it gets overturned, I am just frustrated an embarrassed that it took something like this for the naive leadership of the American Church to realize how evil the administration can be. Just some clueless people among the ranks of the Church leadership, sadly.
 
Robert_Sock said:
latimes.com/news/nationworld/nation/la-na-court-contraception-20120131,0,5324593.story

The healthcare law’s mandate to require religious-affiliated employers to pay for contraception for their workers has prompted two lawsuits. If the matter gets to the Supreme Court, it will go before justices who recently affirmed — in a 9-0 ruling — that the 1st Amendment gives special leeway to religious employers.
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Another arrow in the quiver against this monstrosity called “Obamacare”.
 
Whatever happened to the 10th Amendment on this and everything else mandated by the federal government?
 
ProVobis said:
Whatever happened to the 10th Amendment on this and everything else mandated by the federal government?
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Lincoln destroyed the 10th Amendment 150 years ago. They don’t teach that in school, so most people don’t know. 🤷
 
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