Yesterday, Judge Brian Cogan of the United States District Court for the Eastern District of New York, not onlystruck down Obamacare's contraception mandate as applied to religious non-profit organizations, but also sent a strong signal that federal courts were losing patience with President Obama's many stitches of executive power.
Previous courts had ruled against President Obama's contraception mandate as applied to for-profit entities (see Sebelius v Hobby Lobby), but this was the first court to hold that participating in Obama's scheme to provide free birth control is a substantial burden on the free practice of religion (specifically the Catholic Archdiocese of New York and its affiliate organizations).
The contraception mandate "directly compels plaintiffs, through the threat of onerous penalties, to undertake actions that their religion forbids," Cogan wrote. "There is no way that a court can, or should, determine that a coerced violation of conscience is of insufficient quantum to merit constitutional protection."
Cogan forcefully rejected three key Obama defenses of the mandate. First, on the government's claim that there was a compelling interest in uniform enforcement of the contraception mandate, Cogan wrote:
Second, the court also rejected Obama's last minute claim that Obamacare's contraception mandate, as implemented for religious organizations, did not, in fact, mandate contraception:
(Emphasis added)
Finally, the court also rejected the government's argument that Obama's failure to convince Congress to "fix" Obamacare authorized him to enforce his contraception mandate in the manner he did:
(Emphasis added)
Considering how often Obama has justified his expansion of executive power on Congress' failure to do his bidding, yesterday's ruling was not only a huge victory for religious liberty, but a huge win for limited government in all spheres as well.
- Topics:
- OBAMACARE
Conn Carroll
Conn Carroll is editor of Townhall Magazine.
Author Photo credit: Jensen Sutta Photography
3 years. If Congress won't stand up for the rule of law and freedom, then the
courts and the people MUST stand up against Obama's tyranny.
I also am not anti-sex - I just don't understand why I should be taxed to support others the right to enjoy it free of the worry of pregnancy. I think it is time someone asked 'what exactly should 'free health care' cover. I support 'Planned Parenthood' and believe others should, but do not believe it should be supported in any way by the taxpayers. Just what is 'health care'.
Unlike many liberals, we can multitask. Thus, we can discuss the topic at hand while giving lowIQNumbers the hard times that she asks, no, begs for. If her job was so easy, why do you need to come in here and defend her? She does a lousy job of making any sense or using any logic whatsoever in most of her posts. For such an easy job, she sure is a failure at it.
Ever wonder how Barack Obama operates (modus operandi) and thinks?
Consider this scenario (which I believe is coming in the near future) that I have designed based on Barack Obama's past methodology.
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Barack Obama has promised to Bankrupt the Coal Industry.
My logic says that Barack Obama could issue an Executive Order requiring that Coal Fired Electrical plants (approximately 51% of all Electricity produced in the United States) to have an emission rate lower than is possible to continue operating.
This would not necessarily require any new funding, just a memo from Barack Obama to the EPA dropping some work and shifting employees to the new project.
I would expect Barack Obama to do this in the coldest part of Winter or the Hottest part of Summer - where the most pain would be felt by the American people.
Barack Obama would then Blame Republicans for gridlock, throw a Cabinet member under the Obama Bus and maybe a few Department heads and drag it out for a couple of Months like he did the BP oil spill and probably emerge unscathed, with the blame on everyone but Barack Obama.
There are many areas he will use this methodology, but this may have the most effect. This approach along with the help of the MSM and the rest of his propaganda machine - will make every situation seem like life and death and the Republicans are tying his hands.
Consider BO’s conflicted mentality. Obama was indoctrinated in communism, which explains his antagonism towards personal achievement (“You did not build that...”). But then again, he was weaned on Islam! Blood is thicker than water, and Muslim blood flows deep in BO’s veins, an attribute that dominates his psyche more strongly than his communistic leanings. Add to that the fact that Obama is an admitted stoner and sniffer, qualifying him as a textbook puppet candidate for jihadists and communists alike...!!!
Moreover, BO openly admits and demonstrates his favoritism and support for the Muslims, including several Muslim terrorist factions. Combine this with the influence of his Muslim soul-mate and puppet-mistress, Valerie Jarrett, and the likelihood of Obama insidiously paving the way for de facto jihad is real… via moral decay, undermining coal, ruination of healthcare, etc!
You may be interested in the analyses of Obama that can be found in “The Manchurian President”, “The Roots of Obama’s Rage”, and “The Amateur”.
Told you so!
The judge unquestionably made the correct calls in his ruling.
The Dimmies have gotten so accustomed to getting away with their incessant lying that they forgot that these lies are being outed by actual real negative impacts on real Americans that cannot be papered over.
What makes us Individuals? - the freedom of the mind, heart and voice.
Barack Obama and his Administration have introduced a new methodology in the same old construct of coercion.
'Personal Choice' now means the 'coerced payment of Birth Control' for someone else.
'Personal Choice' now means the 'coerced payment of Abortion' for someone else.
'Personal Choice' now means the 'coerced Type of Health Care Insurance' that one does not want.
Barack Obama and Liberal Progressives are absolutely certain that everyone is ignorant and unable to make ANY CHOICES, so they will make those choices for us in order to give 'Power and Choice to the People' - Huh?
You also have to wonder if Roberts is paying any attention to this given his vote for the "tax"... which the administration claimed wasn't a tax, before it was a penalty, and then was a tax, that could be a...
"A true threat is a serious threat and not words uttered as a mere political argument, idle talk, or jest."
"My reading of history convinces me that most bad government results from too much government." - Thomas Jefferson
and for johnny tears-R-us,
http://therightscoop.com/mark-levin-to-johnny-boehner-we-dont-give-a-damn-if-you-like-us-or-not/
good read