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Little Sisters of the Poor Case: The Administrationís Position Goes from the Absurd to the Surreal
National Review ^ | 1/6/14 | Matt Bowman

Posted on 01/06/2014 5:37:09 PM PST by rhema

[. . . ]

The government actually misrepresents the facts before the Supreme Court. It asserts that all the Little Sisters have to do is file a form saying “they are non-profit organizations that hold themselves out as religious and have religious objections to providing coverage for contraceptive services.”

That's untrue. The government deliberately added more language to the Little Sisters’ form. Because their plan is “self-insured,” in addition to stating their religious objection, the government requires their form to also specifically tell their insurance administrator that he has “obligations” to provide the abortifacient and contraceptive coverage himself.

The government added this language on purpose because it wanted to force self-insured entities to create a binding contractual duty for someone else to provide abortion pills – through the religious group’s own health plan – when the religious group doesn’t want to do that itself. Thus the government’s “compromise” for self-insured groups is akin to telling them: Don’t worry, you don’t have to assassinate that guy, you just have to contract a hit man to do it.

At this point the administration’s position went from the absurd to the surreal. The government now says that the Little Sisters must still submit their form. The form still requires the Sisters to explicitly tell someone else they have “obligations” to provide abortion pills and contraception. But the government says it overlooked the fact that the Little Sisters’ plan fits into a legal loophole where, if that third party abortion-pill guy doesn’t follow his “obligations,” there’s no penalty on him.

In other words, the Obama administration refuses to grant an injunction that would protect the Sisters from hiring someone else to do offensive things, and its refusal is based on the theory that the government’s coerced speech probably won’t work anyway. The government admits that its offensive coerced speech might not actually achieve the government’s goals, but the Little Sisters must speak it anyway.

The Obama administration has fought all the way to the Supreme Court to force the Little Sisters to do something that the government insists is pointless. If it’s pointless, the federal government shouldn’t be forcing people to do it against their will in the first place. But that lesson applies to all of Obamacare, and it seems that the administration just can’t resist the temptation to coerce.


TOPICS: Culture/Society; Editorial; Government; News/Current Events
KEYWORDS: abortion; catholic; contraceptiomandate; deathpanels; hhs; littlesisters; littlesistersofpoor; lsotp; lsp; obamacare; prolife; zerocare
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1 posted on 01/06/2014 5:37:09 PM PST by rhema
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To: rhema

Deliberate deception before SCOTUS can result in some most interesting sanctions.


2 posted on 01/06/2014 5:42:35 PM PST by GladesGuru (Islam Delenda Est - Because of what Islam is and because of what Muslims do.)
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To: rhema

On this issue alone Obama should be removed from Office.
I am aware of the work the little Sisters do for humanity,for the past 70 years, Obama has done nothing


3 posted on 01/06/2014 5:43:59 PM PST by chatham
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To: GladesGuru

Deliberate deception before SCOTUS can result in some most interesting sanctions.


Who does the sanctions? I don’t trust the court to do it.


4 posted on 01/06/2014 5:44:35 PM PST by Yaelle
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To: rhema

Someone needs to tell Obama that this kind of cram down on the people, never ends well for the leader. He will live in shame here and in the next life, and his pogeny will be scorned.


5 posted on 01/06/2014 5:45:25 PM PST by LALALAW (one of the asses who's sick of our "ruling" classes)
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To: GladesGuru

ah but good old Johnny Boy won’t let that happen. He will make sure that the nuns are slapped and slapped hard. How are all the Roberts fans liking him now??? (latest travesty is his response on suit about origin of bill)


6 posted on 01/06/2014 5:46:40 PM PST by Nifster
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To: rhema

The fact that the Little Sisters have to go through this Kafka nightmare while Muslims were instantly granted waivers is a thermonuclear strike on the idea of “equal protection”, and the court should treat it as such.


7 posted on 01/06/2014 5:46:47 PM PST by denydenydeny (Admiration of absolute government is proportionate to the contempt one has for others.-Tocqueville)
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To: rhema

My Great Aunt was a Little Sister of the Poor, a nursing teacher, nun. What a wonderful woman.

Good Luck Sisters!


8 posted on 01/06/2014 5:48:20 PM PST by alice_in_bubbaland (When injustice becomes law, resistance becomes mandatory ... Thomas Jefferson)
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To: GladesGuru

from the Absurd to the Surreal — is pitching right to SOCTUS’ wheelhouse.


9 posted on 01/06/2014 5:48:56 PM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: rhema

Obama: You are perfectly free to hire someone else to pick up your trash, but we would hate to see something terrible happen to that lovely little family of yours.


10 posted on 01/06/2014 5:50:06 PM PST by centurion316
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To: rhema
The Obama administration is now taking on the Catholic Church, via the Little Sisters of the Poor, the oldest continuous institution in human history.

We have a community of them in my home town. They do it for free and take nothing from the oldsters or the city.
These nuns take care of the old--the poorest and sickest who have NO ONE to care for them and have NO PLACE to go. ALL the money the Little Sisters get is from contributions.
I wondered about that and asked "who" the contributors were. I was told "people of the community." So I started asking said people.
The butcher in my neighborhood always gave some meat to the Sisters. He said that the Little Sisters came and begged (asked) and the butcher gave. I imagine that they are impossible to say NO to.

11 posted on 01/06/2014 5:50:11 PM PST by cloudmountain
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To: rhema

The stupidest politician in the history of the world would be someone who picks a major public fight with the Little Sisters of the Poor, and, unfortunately, we have him as our president.


12 posted on 01/06/2014 5:58:57 PM PST by Bluestocking
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To: chatham

It is Sebellius, I am sure. She is a fanatical pro-choice Catholic who is determined for bend the Church to her will.


13 posted on 01/06/2014 6:09:22 PM PST by RobbyS (quotes)
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To: rhema

Being a pathological liar is a job requirement in His Arrogance’s administration .... did you expect anything less?


14 posted on 01/06/2014 6:09:27 PM PST by RetiredTexasVet (It's difficult to differentiate between a hog calling contest and a Senate rollcall.)
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To: rhema

All he had to do was sign the form.

15 posted on 01/06/2014 6:12:44 PM PST by Slyfox (We want our pre-existing HEALTH INSURANCE back!)
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To: RobbyS

Picking on a bunch of nuns. Obama might as well kick Mother Theresa in the teeth.


16 posted on 01/06/2014 6:14:08 PM PST by Slyfox (We want our pre-existing HEALTH INSURANCE back!)
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To: rhema
I think the author misses the administration's true desire.

The desire is not per se to see the Little Sisters of the Poor have to provide abortifacients, noting the loophole. They'll cover up the loophole after this prisoner thinks they've escaped. But the government does wish two things:
1) that other groups, following in the nuns' footsteps, will hear similar deception. They'll hear: "We want to be able to say, "We got this adjudicated at SCOTUS, and even the nuns had to accept this solution," and
2) they want this SCOTUS precedent, whereby all groups (and individuals) will able to be morally corrupted and/or conflicted, making them beholden to this administration, at their whim, never again to stand with integrity.

I saw a politico being interviewed on TV the other evening. He indicated how another high-ranking comrade had told him a lie, but it was understandable and he would've done the same thing, as a policy decision made right from the top indicated we would never admit 'such-and-such', which was the thing lied about.

This is out-right corruption in government! People must never be robbed of their honor to be made to tell lies or have to compromise their most fundamental integrity to function in our government! We'll just keep getting what the Leftists want to foist on us if we don't stand against such corruption!

Go, Little Sisters of the Poor!

HF

17 posted on 01/06/2014 6:15:20 PM PST by holden
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To: rhema

he and many of his appointees hate Biblical people of faith: Christians (Catholic or Protestant, no matter) and Jews.....

any POLITICIAN would NEVER permit himself to even be associated with a lawsuit against the church, more or less against the Little Sisters of the Poor, for goodness’ sakes!

it would be considered Political Suicide, and the height of stupidity.

but if you hate Christians ENOUGH, then you throw any and all political intelligence and caution to the winds...
and go after, try to stomp out those little nuns with the full force and weight of government

blind hatred is called that because it blinds the hater to anything logical or rational or decent...

think Satan.


18 posted on 01/06/2014 6:15:29 PM PST by faithhopecharity (no)
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To: rhema

The Bastard and his policies are the symptoms. The disease is the idiot Americans who stand by and allow this bastard and his acolytes to get away with this.


19 posted on 01/06/2014 6:24:42 PM PST by ZULU (Magua is sitting in the Oval Office)
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To: Slyfox

Hilary would have done that. Remember when Mother condemned abortion right to the faces of Bill and Hilary? They were quite unhappy.


20 posted on 01/06/2014 6:45:47 PM PST by RobbyS (quotes)
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