Keeping Score On The Contraception Mandate


Please, stand clear just in case lightning strikes.

On Tuesday, when Supreme Court Justicina Sonia Sotomayor handed down a stay against the “provide coverage for all forms of contraception or else” mandate in the drag on all parts of American life known as ObamaCare, you knew there was a problem.

The religious people of America – who have vehement disagreements among ourselves on what correct practice of religion is, but would never deny anyone else the right to practice as they see fit so long as it does not violate the rights of others – have a problem with any of us being forced to provide products and services which we consider immoral.  While not everyone agrees that artificial contraception and sterilization are against God’s law and therefore should be considered religious matters, enough of us do think this that not complying with a law that demands each and every employer provide these products and services falls under “Violation of Religious Freedom.”

Yes, I know my readers are fairly well conversant in these sorts of legal matters.  Bear with me.

And so it was VERY interesting when one of the liberals’ plants, um, Supreme Court Justices, who was put on the court to carry the Obama Administration’s water, issued a stay on requiring a group of The Little Sisters of the Poor, actual nuns whose mission is to care for the indigent elderly in their final days, to provide such services not just to their employees, but their own members.

Really, they’ve taken a vow of celibacy.  Unless they are seriously violating not just that one, but a number of other vows, there’s no real need for such provisions as contraception.  Yeah, there are some lazy doctors out there who prescribe The Pill rather than really deal with some women’s health issues, but for the artificial hormones to be used for their original purpose – no group of committed vocational nuns need them.

Where was I…oh, yeah, the scorecard.

So, when USSC Justicina Sotomayor issued an injunction on Tuesday delaying the mandate for non-profit religious groups everywhere, it turned out to be the 54th such stay on the mandate since the passage of ObamaCare.

54 – and the latest from one of the Obama Regime’s own.

Alliance Defending Freedom is keeping the official tally and those 54 stays stand against 7 decisions in favor of the government.

Obama and Co., have seven allowances by the courts on this.

With that kind of a lopsided score it’s easy for the political right to get cocky, and just expect that ObamaCare will be overturned on this one issue.  Remember, we were in the same place with the individual mandate in 2012, although without such a successful scorecard.  Expecting the contraception mandate to be disallowed on religious grounds…that’s one the administration obviously didn’t prepare for – and THAT stands a good chance at happening.

If there are any lessons to be learned with the 2012 USSC decision that allowed ObamaCare as a whole to stand, albeit with some key parts of the law removed (which is why we are seeing the mess at the federal level as bad as it is), it’s that the grounds on which a challenge is argued is just as important as the challenge.  In this case, the challenge is on religious grounds.  With a clear majority of the Supreme Court confessing some sort of religion that they freely practice – or just confess – reasoning through that some things are just not morally acceptable for everyone should not be that difficult.

Of course, this court tends to parse words in ways most of us never would have considered.

And that Sonia Sotomayor would be the one to put the stay in place at the Supreme Court level – yeah, there’s a good shot that mandate gets a good, long look, not just a rubber stamp one way or the other.

In the meantime, we the people will just keep an eye on the score.

More: Obama Administration Losing 88 Percent of HHS Mandate Court Cases, Sarah Jean Seman, Townhall

Categories: First Amendment Rights, Obamacare

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