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12/31/12, "MSM Gives Us the Mushroom Treatment on HHS Mandate," American Spectator, David Catron
"The media are keeping us in the dark on Obamacare’s legal woes
and feeding us Hobby Lobby."
"In December, there were five federal court decisions relating to
Obamacare. Chances are, however, that you will have heard about
only one of them....
The irony here is that Justice Sotomayor’s Hobby Lobby opinion
was utterly predictable and, in the long run, probably far less
significant than any of the other four decisions. The Wheaton
College ruling was not merely a rebuke for the lower court, which
naively
dismissed the lawsuit last August based on a non-binding
government promise “to revise the mandate to accommodate some
religious institutions before it goes into effect,” it demolished
an argument that the Justice Department has been making in all the
anti-mandate lawsuits.
The Obama administration has been arguing, in the many
lawsuits it is fighting over the HHS mandate, that the plaintiffs
have no standing to sue because they have not yet been injured by
the contraception rule, and that HHS apparatchiks are revising it
to make it fairer. But federal judges are increasingly reluctant to
accept that line of reasoning. As U.S. District Judge Brian Cogan
phrased it in his decision involving the Roman Catholic
Archdiocese of New York, “There is no ‘Trust us, changes are
coming’ clause in the Constitution.”
The most recent victory against HHS and its egregious
anti-conscience mandate came last Friday, when the Seventh Circuit
Court of Appeals issued an
injunction preventing the government from enforcing the mandate
against an Illinois company called Korte & Luitjohan
Contractors. And it delivers a potentially deadly blow to the
administration’s most pernicious argument — that secular,
for‐profit employers are not entitled to the same First Amendment
protections enjoyed by strictly religious institutions like
churches.
The American Center for Law and Justice (ACLJ), which represents
Korte & Luitjohan Contractors, also represents a company called
American Pulverizer. Upon securing a similar
injunction for that company’s owners on December 20, ACLJ
issued a statement that neatly sums up the effect of the HHS edict:
“By January 1, 2013, at the latest, Paul and Henry Griesedieck face
a stark and unavoidable choice: abandon their beliefs in order to
stay in business, or abandon their businesses in order to stay true
to their beliefs.”
The ACLJ isn’t the only public interest law firm fighting the
HHS mandate. Another leader is the Becket Fund for Religious
Liberty, which represented Wheaton College in its recent victory.
The Becket Fund, a law firm “dedicated to protecting the free
expression of all religious traditions—from Anglicans to
Zoroastrians,” also represents Hobby Lobby. But, despite media
insinuations to the contrary, this is no group of fundamentalist
lightweights. The Becket Fund was behind the landmark 9-0 Supreme
Court victory in Hosanna-Tabor v. EEOC.
And, unlike most of the media, Becket’s general counsel puts the
Sotomayor opinion in perspective:
“The Supreme Court merely decided not to get involved in the case
at this time. It left open the possibility of review after their
appeal is completed in the Tenth Circuit.” So, why have the “news”
media made such a big deal of the Hobby Lobby ruling while
virtually ignoring the other December decisions? The answer is
obvious. That the Obama Justice Department batted one-for-five in
December is not to be advertized.
In their ongoing effort to emulate Pravda, the media
are doing their best to prop up Obama administration propaganda.
Just as they exaggerated anything resembling good news about the
economy during the run-up to the recent election, they are now
echoing the administration’s talking points on Obamacare and the
HHS mandate. The party line on the “Affordable Care Act” is that it
has survived all significant legal challenges and full
implementation is inevitable. Stories that don’t fit that line
don’t get past the editor.
Thus, we get thousands of stories about the Sotomayor opinion
with headlines that suggest it constitutes the demise of all
serious challenges to the HHS mandate. Meanwhile, we see and hear
almost nothing about 80 percent of the rulings handed down by
federal courts during the same month on the same issue. But the
lawsuits continue to plod forward. Moreover, the HHS mandate is by
no means the only provision of Obamacare still being litigated.
And
the utterly corrupt MSM does not get the final word on any of these
lawsuits. Thank God." via Lucianne
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