Two months ago, the DC Federal Appeals Court ruled that ObamaCare’s mandate to provide insurance coverage for contraceptives could not be imposed on the business organizations Freshway Foods and Freshway Logistics of Sidney, Ohio. The Court ruled that “…forcing those owners to provide the coverage would violate their individual First Amendment rights allowing for the protection of their religion.”
Then, on December 16th, Judge Brian Cogan made his U.S. District Court for the Eastern District of New York “…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…” Not only did Cogan strike down Obamacare’s contraception mandate as applied to religious non-profit organizations, he also “…sent a strong signal that federal courts were losing patience with President Obama’s many stitches of executive power.”
Prior to the December 16th ruling, administration attorneys argued that because Congress refused to institute a contraception mandate which satisfied White House demands, Obama was somehow “…authorized to enforce his contraception mandate in the manner he did.” In short, Barack should be allowed to ignore both the law and constitutional limits on Executive power if Congress doesn’t satisfactorily submit to his wishes.
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But Judge Cogan didn’t buy it. “It would set a dangerous precedent to hold that if the Executive Branch cannot act unilaterally, then there is no alternative solution,” said the judge.
In addition to its defeat in Judge Cogan’s court, ObamaCare suffered yet another blow just this weekend when a federal judge in Oklahoma City “…granted an injunction…that prevents the government from enforcing the ObamaCare mandate requiring religious groups across the country to provide insurance that includes access to the morning-after pill and other contraceptives.” The injunction prevents the government assessing massive financial penalties against the nearly 200 plaintiffs in the class action suit.
Three for-profit appeals cases are currently pending before the U.S. Supreme Court and the government appealed the Oklahoma City court’s decision to the Supreme Court immediately after the Friday decision. The American public will soon learn if the “separation of church and state” argument so freely and fraudulently applied to the Constitution will secure the right of religious conviction just as it has so often served to crush it.
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