OK-SAFE, Inc. Blog

December 12, 2012

ObamaCare: NY Court Deals a blow to one mandate

Filed under: Education — Tags: , , , , , , — oksafeinc @ 7:13 pm

OK-SAFE, Inc. – On December 5, 2012, the United States District Court for the Eastern District of New York rendered it’s decision on the complaint filed by the Roman Catholic Archdiocese and associated entities on the issue of mandating coverage for contraceptives, including abortifacients.   

This Court “concluded that the suit was both fit for adjudication and that there would be significant hardship to the plaintiffs from withholding judicial review…”

CatholicCulture.org report on this story begins by saying, “A US district court judge has ruled that the Archdiocese of New York’s lawsuit against the HHS mandate may proceed. Other courts have dismissed similar lawsuits on the grounds that the Catholic plaintiffs had not yet suffered injury from the mandate.”

The website Mirror of Justice reports the details of the decision here.

“The United States District Court for the Eastern District of New York has denied in part and granted in part the federal government’s Rule 12(b)(1) motion to dismiss the complaint of the Roman Catholic Archdiocese of New York, Catholic Health Care Systems, the Roman Catholic Diocese of Rockville Centre and Catholic Charities, and Catholic Health Services of Long Island (CHSLI).”

Significant comments made by District Judge Brian Cogan included this statement:

“Moreover, the First Amendment does not require citizens to accept assurances from the government that, if the government later determines it has made a misstep, it will take ameliorative action. There is no, “Trust us, changes are coming” clause in the Constitution. To the contrary, the Bill of Rights itself, and the First Amendment in particular, reflect a degree of skepticism towards governmental self-restraint and self-correction . . . . Considering the extraordinary political passion surrounding the Coverage Mandate from all sides, there is simply no way to predict what, if any, changes to the Coverage Mandate will be made, even if some policymakers favor certain changes.”

NewOK reported this story on 12/12/12 here.

It looks like challenges to the Patient Protection and Affordable Act will continue for quite some time.  The NY District Court decision on one of the PPACA mandates is encouraging to those of us who are striving to reverse this government overreach. 

May the people continue their fight.

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