Monday, February 27, 2012

The Heritage Foundation has posted a great article on their blog "The Foundry" entitled "Pay No Attention to Mandate Behind Curtain of Spin." It discusses the legal response the Obama administration made in court this past week to the challenge initiated by Belmont Abbey College to the HHS mandate.

The administration is asking that the case be dismissed because the president has promised to resolve the issue. Seriously.

"The Obama Administration is not petitioning the court to consider the merits of the final regulation as published. Rather, the Justice Department is asking the court to make a legal determination based on promises made at a press conference.

“Apparently, the administration has decided that the mandate, as written and finalized, is constitutionally indefensible,” said Hannah Smith, senior counsel at the Becket Fund. “Its only hope is to ask the court to look the other way based on an empty promise to possibly change the rules in the future.

“Since when does ‘Trust me, I’m from the government’ suspend the laws of the land?” Smith continued."

Say what? Dismiss it on the basis of a promise made by the benevolent dictator? What? I am not an attorney but this move strikes me as extremely odd. Troubling. It seems to suggest (should I be surprised?) that the administration believes not only that they are above the law but that there is a consensus among the public that they are so.

Read the entire article here.

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