Little Sisters of the Poor vs. Barack Obama

Charlie Daniels (@charliedaniels) said it best in his tweets:

My money is on Little Sisters of the Poor!

Did Pope Francis predict the attack from the Obama Administration prior to making these on-point comments posted on the Little Sisters of the Poor website blog “In the Heart of the Church“??

“I ask the elderly, from my heart: do not cease to be the cultural storehouse of our people, a storehouse that hands on justice, hands on history, hands on values, hands on the memory of the people. And the rest of you, please, do not oppose the elderly: let them speak, listen to them and go forward. But know this, know that at this moment, you young people and you elderly people are condemned to the same destiny: exclusionDon’t allow yourselves to be excluded … Make yourselves heard; (emphasis added) take care of the two ends of life, the two ends of the history of peoples: the elderly and the young; and do not water down the faith.…” (Pope Francis, July 25, 2013)

What better way to make themselves heard than to take their case to the Supreme Court of the United States. How will the Supreme Court respond?  Will Justice Roberts betray the Constitution and rewrite the Obamacare legislation again (see Senator Mike Lee’s book “Why John Roberts Was Wrong About Healthcare: A Conservative Critique of The Supreme Court’s Obamacare Ruling” on an outstanding and easy to understand presentation of how Justice Roberts rewrote the law twice)

From the American Center for Law & Justice: (@ACLJ)

Underlying Case

Plaintiffs filed a class action lawsuit on behalf of Catholic employers who participate in the Christian Brothers Employee Benefit Trust (the “Christian Brothers Trust”) forbidden by their religion from: “participating in the federal government’s regulatory scheme to promote, encourage, and subsidize the use of sterilization, contraceptives, and drugs that cause abortions.”  The Plaintiffs allege the government, through its regulations, requires Plaintiffs to provide coverage for, or access to, contraception, sterilization, abortifacients, and related education and counseling (the “Final Mandate”).

The Plaintiffs allege the government has exempted thousands of plans, covering tens of millions of employees, from the Final Mandate for a wide variety of reasons including the  (“grandfathered plans”) to a narrow religious exemption for certain “religious employers.” The Plaintiffs further allege that, despite their religious nature, their respective religious orders do not qualify for these exemptions.

Plaintiffs include:  Little Sisters of the Poor, class action plaintiffs, Christian Brothers Employee Benefit Trust, Christian Brothers Services.

Defendants include:  US Government officials responsible for issuing and enforcing the challenged regulations, Kathleen Sebelius and the Department of Health and Human Services, Thomas Perez and the Department of Labor, Jacob Lew and the Department of Treasury.

Temporary Injunction

The Supreme Court truly had no choice but to temporarily enjoin the Obama Administration through its Health and Human Services Department from enforcing the birth control and abortion mandate.  ACLU explains: “The fact that the Supreme Court agreed to block the mandate from affecting this Christian charity is unsurprising, and the right move legally. The Supreme Court has already granted two Mandate cases, both of which are operating under an injunction.  In other words, the Supreme Court is already considering several mandate cases and the mandate will not be enforced while the [C]ourt is considering those cases, so the Court here  is extending that to this case as well.”

Obama Administration Response

Eric Holder’s Justice Department, in its brief objecting to the temporary injunction, clearly outlined the Little Sisters’ argument.  Whilte the government claims: “They need only self-certify that they are non-profit organizations that hold themselves out as religious and have religious objections to providing coverage for contraceptive services, and then provide a copy of their self-certification to the third-party administrator of their self-insured group health plan”, they further state in their brief: “Employer-applicants’ third-party administrator therefore will be under no legal obligation to provide the coverage after applicants certify that they object to providing it.”  and conclude with the contradiction: “If employer-applicants’ third-party administrator were nevertheless to decided to provide contraceptive coverage, applicants’ employees and their covered dependents would receive such coverage despite applicants’ assertion of their religious objections, not because of those objections.”

Blogger’s Opinion

So if my understanding of the government’s response is correct, the Little Sisters of the Poor can complete a “self-certification” that they are exempt from providing birth control and abortion coverage (despite extensive search the ‘form’ could not be located) but their third-party administrator may provide the coverage despite the religious objections of the employer.  It’s not like the government would try and force the third-party administrator to provide abortion and birth control coverage right?  Oh wait, Little Sisters of the Poor is a nonprofit organization.  The Internal Revenue Service and other federal agencies are already under Congressional ‘investigation’ (and I use that term very loosely) and being sued for illegal targeting of conservative non-profit and non-profit applicant groups asserting their Constitutional rights.

Alternatively, the Little Sisters of the Poor could ‘trust’ the Obama Administration that they won’t assess the destructive financial penalty for not providing abortion services.  And who is to say Barack Obama won’t rewrite the law again, without Congressional approval, that then REQUIRES third-party administrators to offer the birth control and the abortion services.  NOTHING.  In fact, Obama has already rewritten ObamaCare numerous times for his friends and large campaign donors and to further his destruction of Christianity in America.

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  1. Otter Burn

    As per usual, a Conservative Woman of Uber Lady Smarts points out how very berift of integrtiy Obama really is and always has been.

    Well Done Ms. Sandy Orange One!

    Yours, verily….a Conservative Canuck!