UPDATE: A Closer Look at the Contraceptive Coverage Lawsuits: The Radical Agenda Behind the Fight Over Religious Exemptions
by Bridgette Dunlap
October 1, 2012 - 11:25am
The article to which this update is appended was originally published
Wednesday, September 26th. The update was published on Monday, October
1st at 11:25 a.m.
UPDATE TO CONTRACEPTIVE COVERAGE LAWSUITS:
Shortly after the original article on this issue was published, a
district court in Missouri made the first ruling on the merits in any of
the contraceptive mandate challenges,
dismissing all claims in O’Brien v. HHS.
The court held, among other things, that providing contraceptive
coverage is not a “substantial burden” on religious exercise barred by
the Religious Freedom Information Act and that the religious employer
exemption does not excessively entangle government with religion in
violation of the First Amendment.
The case involves a secular for-profit employer, but the arguments
rejected by the court are representative of those found in the
complaints filed by religiously-affiliated plaintiffs.
The decision
is a fairly readable primer on the controlling law in these cases. It
illustrates that beyond these cases being premature in the case of the
religiously-affiliated plaintiffs, the substantive claims are extremely
weak. For this reason, the religiously-affiliated plaintiffs might not
see any benefit in waiting until they have standing in cases that are
likely to fail. The weakness of these cases may also explain their
quantity. In addition to making a big pre-election statement, filing
numerous cases increases the likelihood of finding one judge willing to
depart from settled law or expand the reach of a statute, in an act of
so-called “judicial activism.”
Original article follows below.