Editors at National Review Online lament a misguided Democratic legal attack.
There are times when it is perfectly acceptable to judge a book by its cover, and, in the case of the Democratic Party’s relentless persecution of the Little Sisters of the Poor, observers would be well within their rights to indulge the urge. For twelve years now, the Catholic order of nuns — whose sole purpose is to provide care to destitute elderly people — has been dragged through America’s courts by a series of monomaniacal ideologues. The nuns’ crime? Objecting to a provision in Obamacare that required nonprofits to provide contraceptives — directly or indirectly — as part of their federally approved health insurance plans. The position of the nuns was that any participation in the distribution of contraception represented a grave violation of their religious beliefs and that, under the Religious Freedom Restoration Act of 1993, the federal government was obliged to find another means of achieving the same end. The position of the Obama administration was that it had “compelling health and gender equity goals” to achieve, and that it didn’t care who was cast aside in that pursuit. In a country founded by dissenters, this position was jarring in the extreme. …
… Happily, in July 2020, the Supreme Court finally permitted the Trump administration’s accommodation to take force. The case, Little Sisters v. Pennsylvania, was decided 7–2.
By rights, this should have been the end of the affair. And yet neither of the states that had lost at the Supreme Court — Pennsylvania and New Jersey — was willing to let it go. Worse still, they were joined in the endeavor by California, New York, Massachusetts, and others. Clinging to a tendentious argument that the Supreme Court did not address on the merits, those states insisted that the Trump administration’s modifications had been “arbitrary and capricious” under the Administrative Procedure Act. This month, a district judge in Pennsylvania concurred and struck down the rule.
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Author: Mitch Kokai
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