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FNC’s Judge Andrew Napolitano on the legal challenge to the birth-control mandate by seven state Attorneys General.
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New developments tonight in the Obama administration's assault on religious freedom with the so called contraception mandate.
Senate Democrats earlier today defeated an amendment that would have allowed employers to opt out.
-- providing contraceptives.
Are contraception.
Coverage if they have either religious or moral objections.
Republicans religious leaders say that this is just another attack on religious liberty Democrats say the proposal could threaten access to care.
Joining me now -- his view on the conscience act Fox News senior judicial analyst judge Andrew and -- -- but judge.
This is how do you style that's where you are it's that contraceptive.
Mandate -- contraception mandate.
-- Or an assault on religious freedom.
Our our and women's health care issue depending on how respond what are you.
I think I was personally furious.
When -- president issued these regulations.
Which basically said to religious institutions.
You have to violate your conscience or you have to violate the law.
I was equally is furious when the senate today basically said.
To the American people we're not gonna let you follow the conscience on something as intimate as contraception.
We're not talking about speed limits when I'm talking about public safety -- -- talk about national security we're talking about an intimate decision.
Between spouses and often the position that should be none of the government's business.
Well it's going to be in the current is the government's business now in -- as well.
Seven attorneys general filing suit against the mandate.
-- led by.
Attorneys general.
Alan Wilson.
And in job running in Nebraska.
Greg -- in Texas.
They are going after this issue hard and they mean to stop it.
What -- their chances well regrettably.
For the legal process the president and maybe did this intentionally did announce these regulations until after the Supreme Court agreed to review the constitutionality.
Of -- The statute.
That means that this aspect that's not go before the Supreme Court.
When they have oral argument later this month by this aspect I mean.
The the order to Catholic institutions that you have to make -- perception of the contraception mandate.
Subordinate to the individual mandate yes -- the Supreme Court yes -- lawyers country born with separate country -- said it perfectly if if the Supreme Court in validates the individual mandate I think in you probably agree with me.
The whole statute will fall because without.
Requiring people have health insurance.
There won't be enough cash in the system to generate all its other regulations the government will take the position that the Supreme Court is only invalidated the portion that and invalidate -- I can still order employers to make.
A contraception materials available whether violates their conscience or not and and -- and tactically it's a good thing for the public interest that these attorneys general have filed suit.
Because if then then if the unthinkable were to recur -- who groove and still have.
My talent -- standing.
Yes yes this is a very clear cut issue the government has never assaulted in America.
Has never assaulted core religious beliefs.
Like it's doing with this perception and it's almost inconceivable but the government could prevail on this.
We appreciate it is always judge my pleasure Lou -- gender of the volatile.
