The Thomas More Law Center is in court today arguing against the
Health and Human Services mandate that ObamaCare insurance
exchanges provide free coverage for abortifacient drugs and
Attorney Erin Mersino is asking for an injunction to
halt implementation of the mandate on the basis that it is a clear
violation of free exercise of religion. In three other lawsuits,
federal judges have dismissed the cases, saying they are not
"We know that the rule as it is enacted now makes it mandatory
for Legatus to provide the preventive services that include the
contraceptives and abortifacients that Legatus' religious beliefs
directly oppose," she declares.
Legatus, the Thomas More Law Center's client, is the
nation's largest organization of top Catholic business leaders. The
courts in three of four cases have told others to wait,
because HHS is evolving on the mandate.
"What's to say that what they're going to come back with is
going to be constitutional," Mersino questions. "We've seen the way
that the secretary of HHS has handled free exercise of religion
through her actions when she promulgated this rule, so why would we
give faith that she would actually make this constitutional?"
If the redrawn mandate did appear to pass constitutional muster,
it could be revised again later. So, Mersino is hopeful the court
will rule on constitutional issues now, rather than re-filing the
cases next year, if HHS continues to violate religious rights.