Comments on Distinctly Catholic by Michael Sean Winters at National Catholic Reporter.
Tuesday, May 22, 2012
43 Catholic dioceses, groups sue to stop HHS contraception mandate
43 Catholic dioceses, groups sue to stop HHS contraception mandate First, they already lost on the issue of religious freedom in the context of Catholic Charities of New York suing to stop an identical state law - twice. Second, contraceptive coverage has been required since December 2000, so their motivation is not pure and their case is probably late. Third, objections to the Administration drawing lines on what activity is religious and what is not in the enforcement of labor law likely reflects legal precedent, although there is certainly room for further development. I suspect, however, that the accommodations already offered by the Administration will lead to a motion for summary judgement against the plaintiffs, as there is no significant issue to be decided (owing mostly to the fact that mandates to cover contraception have existed for 12 years and voiding HHS policy won't change that - EEOC is not a defendant). This is an example of the Catholic Church being ill served by its lawyers and staff. A good lawyer would have discouraged going forward. Jones Day should know better, but they are seeking publicity for themselves.
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