Why didn’t the White House oppose LU’s motion? The timing issue is now largely moot, thanks to that 5-4 decision that upheld the individual mandate as a tax. The lawsuit would have been refiled shortly in any case, which would have only provided a slight delay to the inevitable.
This lawsuit differs from the previous cases used by the Supreme Court to determine the constitutionality of the law. None of the earlier plaintiffs brought up the religious-liberty issue, in large part because HHS hadn’t formulated its arrogant posture that the government can define religious expression. With the HHS contraception mandate now in place, the violation of the First Amendment has now become concrete, and the courts will soon have to decide just how to square the language that that clearly stipulates that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” with the HHS regulation that attempts to restrict religious exercise to only within the walls of a church, synagogue, or temple.
Getting that addressed sooner is a victory in the short run for everyone. Let’s hope that the appeals courts and the Supreme Court recognize the violation sooner rather than later, too, before the Obama administration forces religious organizations to close doors on hospitals, clinics, charities, and schools.
