You won’t hear much about it from the “news” media, which will focus on the Supreme Court’s rejection of a long-shot injunction request by Hobby Lobby, but the opponents of ObamaCare’s contraception mandate are stacking up victories in the courts.
In addition to winning three injunctions against the government since last summer, the opponents of the HHS mandate had big wins in New York and Washington, D.C. just this month. In New York, Judge Brian Cogan ruled in favor of the Archdiocese of New York:
The Roman Catholic Archdiocese of New York can proceed with a lawsuit challenging a requirement that employee healthcare plans cover contraceptives, a federal judge ruled Wednesday. The lawsuit is one of several brought by dozens of Catholic institutions against the contraceptive provisions of President Barack Obama’s new healthcare law.
And just last week, a federal appeals court handed the Obama administration yet another defeat:
A federal appeals court in Washington, D.C. handed Wheaton College and Belmont Abbey College a major victory in their challenges to the HHS mandate. Last summer, two lower courts had dismissed the Colleges’ cases as premature … the appellate court reinstated those cases, and ordered the Obama Administration to report back every 60 days.
In both of these cases, the government argued that it couldn’t be sued until the final regulations were written. But, as Judge Cogan put it, ”There is no `Trust us, changes are coming’ clause in the Constitution.”
The good guys are making more progress than you think in the war on ObamaCare.