Yesterday, Judge Brian Cogan of the United States District Court for the Eastern District of New York, not only struck down Obamacare's contraception mandate as applied to religious non-profit organizations, but also sent a strong signal that federal courts were losing patience with President Obama's many stitches of executive power.
Previous courts had ruled against President Obama's contraception mandate as applied to for-profit entities (see Sebelius v Hobby Lobby), but this was the first court to hold that participating in Obama's scheme to provide free birth control is a substantial burden on the free practice of religion (specifically the Catholic Archdiocese of New York and its affiliate organizations).
The contraception mandate "directly compels plaintiffs, through the threat of onerous penalties, to undertake actions that their religion forbids," Cogan wrote. "There is no way that a court can, or should, determine that a coerced violation of conscience is of insufficient quantum to merit constitutional protection."
Cogan forcefully rejected three key Obama defenses of the mandate. First, on the government's claim that there was a compelling interest in uniform enforcement of the contraception mandate, Cogan wrote:....To Read More....