Today, the Little Sisters of the Poor were back at the U.S. Supreme Court, hoping finally to bring their eight-year legal battle to an end. While several of the justices seemed inclined to side with the Trump administration’s expanded religious exemptions to the contraceptive mandate, I’ve been surprised to see much of the opposition to … Read more
On October 5, 2018, the government admitted they were wrong to persecute the Eternal Word Television Network (EWTN). The admission came in a settlement in EWTN’s long-drawn-out lawsuit regarding the Contraception Mandate attached to Barack Obama’s Affordable Care Act (ACA). As a result of the settlement, the 11th Circuit Court of Appeals vacated (i.e., withdrew) … Read more
President Trump’s welcome October 6 decision to roll back the Obama Administration’s trampling of conscience rights, which required employers to pay for abortifacients, in no time led to howls in the media and among Democrats about the “threat” to “contraceptives” and “birth control.” By the next day, my email contained an appeal from the Democratic … Read more
A few weeks ago I gave a talk in Omaha called “No Finer Time to be a Faithful Catholic.” In the talk I argue that it is the finest time to be a faithful Catholic not in spite of all manifold and manifest troubles we face today, but precisely because of them. I argue it … Read more
The Supreme Court recently heard oral arguments in the case of Little Sisters of the Poor v. Burwell. This is a case in which a small order of nuns is seeking exemption from an Obama Administration requirement that they help distribute free contraceptives and abortifacients (drugs that cause abortions) through their government-mandated healthcare plan. Why does … Read more
In what way can simply signing a document be a burden on you or your freedom? Obviously, the answer to that question depends on the document that you’re asked to sign. If you’re a celebrity and a fan hands you a scrap of paper for an autograph, your burden consists of a few seconds of … Read more
Renaissance political thinker Niccolo Machiavelli castigated Christianity for making its adherents weak. Looking to the next world, he charged, Christians forget their public duties in this world, leaving their communities weak in the face of their enemies. Early Christian martyrs were hardly cowards. There were martyrs in Machiavelli’s day as well, and as I write … Read more
I have added my name to a friend of the court brief in the case of Little Sisters of the Poor vs. Burwell. Professor Nathanial Oman of the law school at William and Mary proposed and took the lead in writing this brief, which was joined by a number of concerned law professors. It was written … Read more
Tuesday afternoon, a three-judge panel in Denver effectively told the Little Sisters of the Poor that they would be forced to go along with the contraceptive provisions of Obamacare and relevant regulations regardless of conscience. If not, the sisters would be so severely fined by the federal government that they would have to close their … Read more
The most cursory survey of the American mass media in July 2014 would have you believe that millions of women are being denied basic medical care and fundamental rights are under total assault because … they can’t get somebody else to buy their abortifacients. Indeed, the U.S. Senate—whose legislative productivity this year suggests it has … Read more
The U.S. Supreme Court’s recent decision that for-profit companies such as Hobby Lobby are not required to provide in their healthcare plans “preventive services” that include abortion-inducing drugs, raises doubts about the constitutionality of the Department of Health and Human Services (HHS) mandate requiring that all FDA-approved forms of birth control be provided in all … Read more
Many religious folk have been rejoicing at the Supreme Court’s recent 5-4 decision in Burwell v. Hobby Lobby, the case concerning the Obama Administration’s attempt to force Hobby Lobby and other religious businesses to pay for contraceptive and abortifacient drugs for their employees under Obamacare. The Court held that the Obamacare regulation forcing business owners … Read more
Twelve score minus two years ago, our fathers brought forth on this continent … something that no longer exists. In 2014, Independence Day is more commonly called the Fourth of July—a Jacobin rather than a Christian practice, naming holidays after dates. (Imagine celebrating the 25th of December.) The rhetorical shift reflects an underlying reality. Lost … Read more
In a US News and World Report essay that has been widely denounced as incoherent, poorly researched, and bigoted, Jamie Stiehm recently reproached Justice Sonia Sotomayor for her “clear religious bias” in dropping “the ball on American women and girls” as she “undermined the new Affordable Care Act’s sensible policy on contraception.” The Justice did … Read more
The Supreme Court heard oral arguments on Tuesday from opposing legal counsel on the HHS contraception mandate cases. The media consensus appears to be that the justices were hard on the mandate and appear likely to issue a narrow ruling exempting “closely-held” corporations, which both of the plaintiffs are, while leaving open the question of … Read more
Dr. Malcolm Potts, first medical director of the International Planned Parenthood Federation, in a piece late last month in the Los Angeles Times¸erroneously blames the Vatican for denying the Little Sisters of the Poor the alleged health benefits of hormonal contraception. In fact, the Little Sisters of the Poor are challenging in court their real … Read more
Often touted as a landmark text in the history of religious freedom, John Locke’s Letter Concerning Toleration (1689) is remarkable in wisely limiting the power of “the magistrate … to do or meddle with nothing but barely in order to securing the civil peace and properties of his subjects,” and thus of granting “an absolute … Read more
The Obama administration’s war on Catholics will continue into 2014 as many courageous Catholic institutions in the U.S. maintain their resistance to its encroachment on their religious freedom through the H.H.S. mandate. In light of this, we can expect that the public debate about religious freedom will also continue into the new year both inside … Read more
Shortly before the new year, a number of religious organizations were given protection from the HHS abortion and contraception mandate. While social conservatives and defenders of the First Amendment cheered, numerous prominent media organizations manipulated basic scientific facts to deny that the mandate—required by federal law—forces people to fund abortion-inducing drugs. Media Matters did this at least twice, … Read more
Perhaps it is because I am a European living in Europe and, thereby, not so entangled in the HHS mandate issue (and have less to lose) that I cannot understand the thinking that surrounds the response of some Catholics in the US. From where I stand, across The Pond, compliance with the HHS mandate is, … Read more