A "Major Victory" in Federal Court for Those Opposing the HHS Mandate

Catholic World Report ^ | 12/19/12 | Catherine Harmon

[marshmallow]

Big news from the Becket Fund for Religious Liberty, the law firm representing those challenging the Obama administration’s contraception mandate:

Today [Tuesday, December 18], a federal appeals court in Washington, D.C. handed Wheaton College and Belmont Abbey College a major victory in their challenges to the HHS mandate. Last summer, two lower courts had dismissed the Colleges’ cases as premature. Today, the appellate court reinstated those cases, and ordered the Obama Administration to report back every 60 days—starting in mid-February—until the Administration makes good on its promise to issue a new rule that protects the Colleges’ religious freedom. The new rule must be issued by March 31, 2013.

“The D.C. Circuit has now made it clear that government promises and press conferences are not enough to protect religious freedom,” said Kyle Duncan, General Counsel of the Becket Fund for Religious Liberty, who argued the case. “The court is not going to let the government slide by on non-binding promises to fix the problem down the road.”

The court based its decision on two concessions that government lawyers made in open court. First, the government promised “it would never enforce [the mandate] in its current form” against Wheaton, Belmont Abbey or other similarly situated religious groups. Second, the government promised it would publish a proposed new rule “in the first quarter of 2013” and would finalize it by next August. The administration made both concessions under intense questioning by the appellate judges. The court deemed the concessions a “binding commitment” and has retained jurisdiction over the case to ensure the government follows through.

[Friendofgeorge]

Only problem is this....A liberal Supreme Court will make it up as they go along

But sure I will bite...Great news!

[EDINVA]

This is a pretty powerful court, usually considered the 2nd most powerful in the country (breeding ground for SCOTUS). They are taken very seriously above and by the government agencies.

[Venturer]

This does sound like a Major Victory, but we will haveto see what happens when it hits the Supreme Court with Roberts and his 4 liberal voting Justices.

[Salvation]

Good news!

[Friendofgeorge]

For sure good news on surface, just saying there may be a time coming soon at SUPREME Court were facts have no place.

Not sure why I say soon, because they have not been troubled by facts for many years on many cases.

Who knows what side John Roberts is on? Your guess is as good as mine