The Hill describes the wave of Federal lawsuits filed by Catholic organizations against the ObamaCare "free" contraceptive coverage.
Dem-backed law may be downfall of Obama birth control mandate
The biggest legal threat to the White House’s birth control mandate could come from a decades-old law that was championed by liberal Democrats, according to legal experts.
The Religious Freedom Restoration Act (RFRA) has been mentioned in nearly all of the more than 30 lawsuits pending against President Obama’s administration over the mandate. One, filed by the University of Notre Dame on Monday, cited RFRA’s protections in the first paragraph.
The RFRA was kicked around by Ed Whelan and David Rivkin, writing in the WSJ, and Ms. Greenhouse of the NY Times last February. Ms. Greenhouse presented an abbreviated version of the law,so her analysis is a bit more lib-friendly. Let's cut back to The Hill:
Because of the law, courts now have to apply certain standards to federal actions that might inadvertently infringe on religious liberty. In one sense, laws under scrutiny must aim to achieve a “compelling” government interest. In another sense, they must be designed in a way that burdens religion as little as possible.
The second claim might be hard for the administration to meet when regulators could have taken many other steps — like expanding Medicaid — to provide better access to birth control, DeGirolami said.
“Even if one concedes that the state has a ‘compelling interest’ in ensuring that all women have free access to contraception,” he said, “there are many, many less restrictive means of achieving that interest.”
Ms. Greenhouse overlooked the "least restrictive" requirement.
SHAKE DOWN THE THUNDER: Here is the Notre Dame filing.