Belmont Abbey, Becket Fund Demand Their Day in Court
April 24, 2012, at 2:12 PM
By CNS Staff |
In response to the Obama administration's spurious attempt to dismiss or at least delay Catholic Belmont Abbey College's lawsuit against the HHS contraceptive mandate, the Becket Fund for Religious Liberty is demanding that the court forge ahead.
The Becket Fund announced today, April 24, that it filed an "Opposition to Motion to Dismiss" in the District of Columbia U.S. District Court after the Obama administration made the request to dismiss Belmont Abbey v. Sebelius
From the Becket Fund
The Administration moved to dismiss the Belmont Abbey case arguing that the “promises” and “accommodations” made in a series of announcements earlier this year will take care of any legal issues in the future. However, the mandate that requires almost all employers to provide and pay for abortion-inducing drugs, contraception, and sterilization—regardless of moral or religious objections to such services—remains unchanged.
“The Administration continues to believe that it can’t be held legally responsible for the illegal abortion-drug mandate because it intends to create yet another mandate on insurance companies at some unspecified date in the future,” said Hannah Smith, Senior Counsel at the Becket Fund for Religious Liberty. “The abortion-drug mandate is a final rule that is ready to be adjudicated now. Belmont Abbey’s First Amendment rights are being trampled on, and the court must consider the law as it is, not how the Administration promises it to be.”
The Opposition reads in part: “the law is clear that a mere delay in enforcement is not grounds for prohibiting judicial review. And promises of future rulemaking cannot thwart federal court jurisdiction to review a rule that is already final and binding, particularly where—as here—the possible future rules being contemplated would not resolve the underlying conflict. For these reasons, and as set forth more fully below, the Court should reject Defendants’ standing and ripeness arguments and deny their motion to dismiss.”
The Becket Fund for Religious Liberty is currently defending two Catholic colleges promoted
by The Cardinal Newman Society in The Newman Guide
: Belmont Abbey College and Ave Maria University.
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