Skip to comments.Obama Responds to Belmont Abbey Lawsuit. Epic Fail.
Posted on 02/20/2012 6:52:33 AM PST by marshmallow
The Obama administration today filed its first legal response to Belmont Abbey Colleges 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 dont have a constitutional claim, Mark Rienzi of the Becket Fund told The Cardinal Newman Society. But instead they said hey, didnt 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 shouldnt look at the law, because the administration said theyd 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 administrations promise to change the law in the future doesnt 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 administrations 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 whats said at a press conference is not legally binding and does nothing to change the law on the books.
(Excerpt) Read more at blog.cardinalnewmansociety.org ...
Why is the governemnt involved in contraception and murder?? The right to kill (Roe) should never have gotten to court.
A bigger question economically is why is the government involved in routine care? Why is a normal, expected out of pocket expense considered “insurance”, which by definition is a pooling of resources for coverage of improbable events?
Depends on the judge and the court. These days, it seams too many judges are just soldiers in the army of darkness (left). Decisions are not based upon the law, but on the desired outcome.
No wonder Obama had NO career in Law.
Right now, from what I can see, we're in a banana republic where the law is subjugated to the political left all because a black man is in the white house and no one wants to have the word "Racist" thrown at them.
Excellent point. Even more important is that covering all these routine maintenance expenses is very costly and jeopardizes any insurance plan's ability to provide affordable coverage for the really big, catastrophic expenses that few people earning much less than Rush Limbaugh can afford. Just look at auto insurance. If you want a $2,000,000 or $3,000,000 umbrella you can easily finance it by substantiallhy increasing your deductible, or you can go broke by keeping th low deductible and adding the umbrella.
I’m waiting for a plaintiff to arise from the business community.
Church-related institutions certainly have a beef, but those of us in the private sector are being forced to pay for these things that employees really haven’t demanded.
We’re accustomed to states mandating coverages, but not the Feds. The commerce clause could work in our favor here, because health insurance cannot be sold across state lines. A ruling in our favor would set back the commerce clause justification significantly.
While I’m ranting, allow me to say that I have first-hand experience to inform you that the psychiatric care mandated years ago in Virginia is much more egregious from a cost standpoint that the contraceptive mandate could ever be.
It is constantly and consistently abused for massive payments, and it is THE driver of recent increases in premiums in VA.
Curiously, you don't even have to allude to race in any way to be accused of racism. Any opposition to Obama's policies whatsoever will get you charged. On Facebook I have an aquaintance from another venue that is so rabidly leftist and illogical, that this was a recent exchange:
Me to another dude: "You are the problem. Forcing people to buy a product is nowhere to be found in the Constitution. Car insurance, I can understand, since you are using state-owned roads -- but you do not have to buy car insurance. You can t...ake a bus, or ask friends, or bike, or walk. This health-care mandate is not avoidable, unless you stop breathing. Your vision for what is right and proper, not to mention Constitutional, is more readily accepted in Cuba, or the former Soviet Union."
Rapid Vapid Leftist: "Having big business (corporate america) control the government and policy is Fascism...you people are picking scabs on a f-ing paper cut with all this re: healthcare...get a grip. You keep focusing on minor bullshit while the right moves in for the kill...geeze. And, as much as I will get grief from those affected...you don't like Obama because he is BLACK and you don't have the integrity to admit it!"
Me to Rabid Vapid Leftist: name omitted, you are the first person on this thread to mention anyone's race.
So, WHO is REALLY hung up about racial issues?
I de-friended you for a reason; looks like it was a good call."
What part of the Tenth amendment does Obama not understand?
The Tenth Amendment states the Constitution’s principle of federalism by providing that powers not granted to the federal government nor prohibited to the States by the Constitution are reserved to the States or the people.
Someone's constitutional theory is seriously behind the times. When a god speaks, is his word not law? And is it not sinful to question his words?
As I count the SC, we have four justices who will accept "Barack spaketh" as constitutionally binding, four who will not, and Justice Kennedy trying to make up his mind.
I started using Twitter a few weeks ago, and I have witnessed the ferocious attack on Andrew Breitbart, spearheaded by folks of the “Occupy” persuasion, and joined by such “luminaries” as Alec Baldwin himself. Almost without exception, I have noticed that the left generally tries to make its points by ad hominen attacks, liberally (pun intended) laced with scatological (rather than logical) references and profanity. Our side generally goes straight Jack Webb—sticking to “just the facts.” I see that your little contretemps followed the same script.
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