Not surprisingly, Team Obama’s Amen Corner at the Washington Post, led by Ezra Klein, is downplaying the decision, saying the ruling is “not yet, however, exactly a victory for the contraceptive mandate’s opponents.”
This is embarrassing for Ezra, and though he may have stayed at a Holiday Inn last night, he ought to knock off trying to play Constitutional lawyer. The ruling is a huge one, and a preliminary injunction on the merits pending trial reflects the judge’s almost certain decision down the road
. And while this particular ruling is indeed limited to one company, it is a map for every other family business that doesn’t want to have to buy morning-after pills for its employees, and a foreshadowing of every right ruling in every case brought by a Catholic or evangelical institution opposing the unconstitutional diktat from HHS.
Watch and see how the MSM covers –or doesn’t– this huge win for religious freedom. Every article ought to quote Alliance defending Freedom lawyers and not law professors or columnists. DOJ is of course silent.
I have said since the Obamacare decision came down that one of the silver linings is that we would get a ruling on the HHS regs from SCOTUS before this was through, and that ruling will either uphold the Religious Freedom Restoration Act or strike down the HHS regs on Free Exercise grounds.