April 26, 2012

Congress to Sebelius: “This mandate is going to wind up in the Supreme Court”

Image: Congress to Sebelius: “This mandate is going to wind up in the Supreme Court”

Sebelius admits she did not consult Supreme Court decisions on religious liberty when drafting HHS mandate

In this morning’s Congressional House hearing, Sebelius admits she did not consult Supreme Court decisions on religious liberty or have a legal memo prepared before she drafted the mandate.  The mandate, unprecedented in American history, forces religious institutions to pay for contraceptives, sterilizations, and abortion-causing drugs, including the morning-after pill and the week-after pill, against their deeply held religious beliefs. The Becket Fund for Religious Liberty is the first and leading law firm to challenge this mandate–filing in four states and three circuits across the country.   Read more about our lawsuits here.

 

 

Features Representative Gowdy asking Sebelius about her often repeated statement on “balancing” religious liberty and preventative healthcare.

Sebelius admits she did not consult Supreme Court decisions on religious liberty or have a legal memo prepared before she drafted the mandate.

  • Cathy

    With this Congresmens logic how do we keep sharia law from invading our American culture? Stoning of girls and woman for irritating their men… Cuz it’s his word over the word of the woman. How about their religious belief that all non-musulims must be killed or eliminated….
    Don’t get me wrong, I believe in the values/rules as found in the US Constitution but this logic has me wondering… Because if animal sacrifice is permissible under freedom of religion then there may be no line to draw in the sand…

    • Fred

      It’s simple, there are laws on the books against murder, assault, battery, etc. The first Amendment does not protect these acts as is well established in case law throughout our history. As far as keeping the Sharia at bay, many states are passing laws prohibiting consulting of The Sharia by the courts in determining cases. This is under attack of course but religious law has no standing because of the separation clause. There are established limits to keep people from running amok under the guise of religious liberty.

  • Howard

    This administration is heavily slanted toward Secular Humanism and, in my opinion, seeks to establish it as the preferred religious perspective in America with executive mandates that they can’t force through Congress. I am glad Becket and others are standing up to this assault on the constitutional fabric of this nation.

  • Ronin Akechi

    I can’t say I’m surprised that she didn’t really consider the Constitutionality of the mandate. There is no “balance” between Religious Liberty and “increasing access to important preventative services”. One is a fundamental Constitutionally-recognized right, and the other is not. So if you put them on a scale, there is no way to get them to “balance out”. Religious Liberty outweighs the desire of liberal members of the government to force people to buy access to abortifacients and contraceptives.

    It’s a measure of the hubris of this administration that they think they can claim to “balance” the two. There is no possible balance to strike. The Constitutional rights of those who object must win out every time.

    Another measure of their hubris, is that they did not consult any pro-life groups while they were in the process of creating the mandate– in fact, they shut them out of the process, while consulting with Planned Parenthood and with Pro-Abortion activist groups. (Pro-life agencies and groups were not allowed to testify, but were only allowed to speak at the end of meetings during the limited “public comment” section, when they had to compete for time with anyone else who wanted to comment.

    The Congressman is correct. This will go to the Supreme Court, because the Administration is attempting to go far beyond its Constitutional authority– while trampling on the Constitutional rights of our citizens. And the Administration will lose.

    It’s just sad that this is even necessary.

  • marty simons

    I was stunned and appalled at the answers Sebelius gave. These are the “educated and intelligent people ” in charge of our lives? God help us!

  • gwbnyc

    Is that her New Black Panthers bodyguard with her?

  • Patrick Carroll

    I’m getting the feeling that The Won’s approach is to throw as much mud as possible, in the hope some will stick.

    I suppose this is an admission we have a government of, and by, baby tantrum.