Skip to comments.Catholic Groups Win First Amendment Victory Over ObamaCare
Posted on 12/19/2013 5:56:48 AM PST by raptor22
Health Reform: In yet another legal blow to the president's signature law, a federal judge rules that its contraceptive mandate does not trump Catholic groups' right to exercise their religious liberty and conscience.
Religious liberty advocates and First Amendment defenders are cheering the stunning decision by U.S. District Judge Brian Cogan in New York that promises to speed up the unraveling of ObamaCare. Cogan not only found that the Health and Human Services (HHS) regulation that requires health insurance to include contraceptive coverage was constitutionally questionable, he actually forbade HHS from enforcing it.
As the New York Post details, in ruling on the lawsuit, Cogan decided that the plaintiffs "demonstrated that the mandate, despite accommodation, compels them to perform acts that are contrary to their religion. And there can be no doubt that the coercive pressure here is substantial."
Most prior lawsuits have focused on the law's constitutionality. Cogan's ruling deals with its regulatory enforcement based on the phrase "the secretary shall determine" that appears in the Affordable Care Act no fewer than 1,005 times. This ruling essentially says that HHS Secretary Kathleen Sebelius cannot enforce a mandate that Congress did not approve and that she cannot unilaterally decide what the First Amendment means or whether it is rendered irrelevant by her edicts.
In other words, regulations do not trump the Constitution.
The Obama administration had offered what it calls an "accommodation" to such groups, requiring that if they objected to providing such coverage, they fill out a form claiming such a religious exemption and allowing employees to get such care through a third-party provider of contraceptive services.
(Excerpt) Read more at news.investors.com ...
This ain't over. They'll find a way.
I am delighted to see this in regard to the ruling by Judge Cogan -
“Most prior lawsuits have focused on the law’s constitutionality. Cogan’s ruling deals with its regulatory enforcement based on the phrase “the secretary shall determine” that appears in the Affordable Care Act no fewer than 1,005 times. This ruling essentially says that HHS Secretary Kathleen Sebelius cannot enforce a mandate that Congress did not approve and that she cannot unilaterally decide what the First Amendment means or whether it is rendered irrelevant by her edicts.
In other words, regulations do not trump the Constitution.”
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This is significant!
I’ve been ranting for months that in the HR3590 summary of the Affordable Care Act, the words Requires the Secretary (of HHS) appear 98 times and Directs the Secretary appears 64 times. Authorizes the Secretary appears 30 times. The law gives a tremendous amount of power to one individual, Kathleen Sebelius, who serves only at the will of the President and was NOT elected by We, the People.
It is Congress who makes the laws, NOT Katleen Sebelius and Not Barack Obama.
HR3590 has more than 2000 pages but here is a summary, only 49 pages
they fill out a form claiming such a religious exemption and allowing employees to get such care through a third-party provider of contraceptive services.
They can go to Walmarts and buy their pills cheaper than any insurance company can buy them for them.
Pick, pick, pick...as the Christian MAJORITY picks apart Obama’s notorious health care plan. THAT will be his legacy—that, finally, he has accomplished NOTHING except being the first HALF-black, HALF-white POTUS. Biggus dealus.
Good news. When did this happen?
Just wondering, has Obama & Sebelius done a selfie together? Or does Obama not like Gray haired females?
A simple concept that some just refuse to understand. The intent of the founders was clear from the very first words of Article I of the Constitution:
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
The word "ALL" is not there by accident; it is imbued with significance. The founders did not want a king or a king's minions making law to suit their whims...instead, laws were to be made by citizens who were CHOSEN every couple of years by other citizens.
The founders were wise. We have become foolish. Time to get back to the Constitution.
“a federal judge rules that its contraceptive mandate does not trump Catholic groups’ right to exercise their religious liberty and conscience.”
IMO and personal experience, if there were ever an institution created BY man, to KEEP you from knowing the REAL GOD, and REAL JESUS...the Catholic church is IT. And it goes to the ROOT. I know because, I was raised a RC...until my-EYES-were-opened. Thank God. In fact, it’s amazing that I don’t have any permanent damage from my experience in the Catholic church. Once ‘confirmed?’....I never went back. If there are others here who can relate to this, I would love to read about it.
Obamacare is making determinations as to what taxes citizens are required to pay and then allows HHS to fritter away those taxpayers dollars. HHS has spent about a billion dollars on the obamacare website which with the approval of the Democrat Congress when they passed Obamacare in 2010. And billions are being spent on attempts to persuade young adults to sign up for Obamacare.
Congress should control the purse strings but has it relinquished its Constitutional responsibility when it passed Obamacare and gave HHS unbridled spending?
“The secretary shall determine” appears in the Affordable Care Act no fewer than 1,005 times!!! - The judge is obviously aware that this law clearly violates the Constitution separation of powers by giving Sebelius authority to do whatever she damn well pleases.