A step toward victory for religious freedom
from Helen Alvare
Yesterday the D.C. Federal Appeals Court reinstated the cases brought against the HHS Mandate by Wheaton and Belmont Abbey Colleges. Two lower courts had dismissed the cases on the grounds that the federal government had not yet issued any “final” rule requiring religious institutions to cooperate in providing “free” contraception, sterilization and “morning- and week-after” pills. But the appeals court decided that vague promises of a new rule were not enough to let the federal government off the hook.
As summarized by the religious liberty law firm, the Becket Fund:
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.
This case gives life to the rumor circulating yesterday in the media that the Obama Administration is working on a new rule to be issued in the first quarter of the next year. I think it’s time for a letter writing campaign to make sure the administration does the right thing! Watch for details after Christmas….I need to think about how to make this more creative and attention-getting than the typical letter campaign….Ok?
My best to you!
Helen
http://