21 May 2012

Good News from the Front: The Archdiocese of Saint Louis Takes on the Regime

Give the Archbishop and Catholic Charities credit-- they filed a lawsuit today in the United States District Court for the Eastern District of Missouri against the ruling junta administration, challenging the constitutionality of the abortifacient/contraception/sterilization mandate of Obamacare.  Due to the complete inaction of the regime's eugenics arm HHS in response to the Church's objections to the mandate, this really is the only logical step to take, under the law, to change things for the better.

This suit is filed in conjunction with lots of other Catholic diocesan and organizational suits filed across the country.

The entire Obamacare system is under Court challenge for lots of reasons.  If the current case at the U.S. Supreme Court challenging it on the requirement to purchase private insurance doesn't succeed, then this is a good backup approach.  If that case succeeds, then the Catholic-based lawsuits could be dismissed as moot.

Pray for the success of the lawsuits.  Again, though Catholic action is late in coming, it deserves our support now.  Of course, I have no great hope in the Courts' desire to uphold the constitution, but this step must at least be tried.

From STLToday:

St. Louis Archdiocese sues over contraception mandate

by Robert Patrick

ST. LOUIS • The St. Louis Archdiocese and Catholic Charities sued the federal government Monday, joining dozens of similar suits that allege that a government mandate to fund contraception and other services violates their religious liberties.

The local suit was filed in federal court in St. Louis Monday morning and names the U.S. Department of Health and Human Services and the Labor and Treasury departments, as well as their heads.

The suit says that the mandated health coverage requires Catholic groups “to violate their sincerely held religious beliefs by providing, paying for, and/or facilitating access to those services. American history and tradition, embodied in the First Amendment to the United States Constitution and the Religious Freedom Restoration Act. . . , safeguard religious entities from such overbearing and oppressive governmental action.”

The new rule requiring all employers to provide contraceptive health care goes into effect for other employers in August but religious institutions were given an extra year to comply. The uproar has shown no signs of abating, however...


KenC said...

I have to admit I am sad that no external Catholic organizations in St. Louis joined the archdiocese and Catholic Charities on this. I hope they join quickly.

Anonymous said...

Private Catholic citizens who own businesses should join this suit. Frankly, all of the caterwauling about Catholic hospitals and other Catholic organizations kind of misses the point. This violates the First Amendment Freedom of Religion rights of individuals who own businesses that would be subject to the mandate.

Proud SLPS Parent

thetimman said...

There are pending lawsuits by Catholic business owners against the mandate; I wonder if the Plaintiffs here sought any Catholic business-owner co-plaintiffs.

ATW said...

Diocese of Pittsburgh is also involved as is Franciscan University of Steubenville (which as a very good Communications Dept, by the way).

KenC said...

Anonymous, was I "caterwauling"? it is a very fair question to ask. We need to challenge SLU and all the Catholic health care systems here to jump in. The ysat on the sideline sucking their thumbs during the embryonic stem cell debate a few years back. Had they jumped in, we might have won it.

Fenian said...

Correct me if I am wrong, but I have heard that even if the Patient Protection and Affordable Care Act aka Obamacare is struck down, the contraceptive mandate is untouched as it is an HHS regulation, not part of the law in question.

If my understanding is correct, this lawsuit has to succeed irrespective of the SCOTUS decision.

thetimman said...

Fenian, an executive branch agency cannot legislate; their rule making authority must be linked to a statute passed by congress. So, if the law underpinning a regulation is struck down, the regulation "implementing" or "explaining" the statute falls. A rule promulgated by an agency that is beyond its congressional mandate is "ultra vires", or beyond its authority. It cannot stand on its own.