Thursday, December 6, 2012

Law Prof Marc DeGirolami Looks At Opinion in New York Giving Catholic Church and Groups Victory in HHS Mandate Case

What a nice way for people that have major concerns about the HHS Contraception mandate as it relates to religious liberty to wake up this morning. A Federal Judge gave the New York Archdiocese and several Catholic orgs and major victory.

Law Prof and  Assistant Director of the St John's  Center for Law and Religion at St  John's Marc O. DeGirolami gives a quick overview at  An Important HHS Mandate Decision: Standing & Ripeness Satisfied .

The Standing and Ripeness as to Catholic orgs and Dioceses has presented some problems in other jurisdictions. I think this case might represent a movement to give the Church and other similar parties victories in this area. Also I think time pllays a factor in that it is running out as indeed promised solutions  from the Federal Govt have not seemed to have appear.

A good line from the opinion which shall get a lot of attention is this one :

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 ,,,

I have been saying that for some time. It's another version of WE ARE FROM THE GOVERNMENT TRUST US .

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