The Catholic Bishops and their devotees will simply not give up on the attacks over the Obama administration’s birth control mandate.
Legatus, a Catholic organization that represents owners and operators of private businesses sued the administration over the mandate, making this the 10th legal challenge filed by groups opposing health care reform. Legatus is represented by anti-choice law firm the Thomas More Law Center and challenges the mandate on the grounds of “religious freedom.”
From the opening paragraph of the complaint:
This is a case about religious freedom. Thomas Jefferson, a Founding Father of our country, principal author of the Declaration of Independence, and our third president, when describing the construct of our Constitution proclaimed, No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.
The plaintiffs are asking a court enjoin the implementation of the mandate as well as challenging the constitutionality of the mandate under the First Amendment. Like other social challenges, the litigation strategy is quite clear: flood the courts with as many challenges as possible to try and expedite Supreme Court intervention.
Father Frank Pavone, National Director of Priests for Life, issued a statement about the lawsuit, saying he is glad it has been filed: I congratulate Legatus for deciding to jump into the legal assault on the HHS Mandate. This brings the total to ten lawsuits, including that of Priests for Life. It is a strategic benefit to have various lawsuits in different parts of the country, so that more courts get involved in ruling on the issues involved, and creating the potential kind of conflict that the Supreme Court may be more likely to resolve.
Could it be that the Roberts Court will hear both a challenge to Roe v. Wade and a challenge to Griswold v. Connecticut? If the religious right gets its way the answer is pretty clearly yes.
Photo from walknboston via flickr.