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Fox News Judicial Analyst Judge Andrew Napolitano breaks down the 12 federal lawsuits arguing against President Obama’s contraception mandate.
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And thanks for dornin is here is what I have the top of the stack the argument it began when health and human services decreed.
That all insurance policies must provide for free contraception and must also cover sterilization and the morning after pill.
The Catholic Church objected saying it violates their conscience Andy goes against -- their basic religious tenets the government has given -- religious organizations exemptions from the health care law.
But they are very narrow exemptions -- required to Catholic Church to only higher Catholics.
In only provide ministries plausibly the Catholics -- their universities hospitals.
Homeless shelters and so forth so off the federal -- it goes.
For judges to decide the outcome and speaking of judges joining me now Fox News senior judicial analyst judge Andrew and Apollo Apollo.
They have a case judge.
Well yes they do have a case right now is about 25 plaintiffs.
These consist of various diocese Catholic diocese and archdiocese around the country from New York to Saint Louis.
And and universities.
And hospitals.
And institutions that.
Also minister to everyone who who requires and is willing to accept their services.
Which is the stumbling block here.
Because the statute that the congress wrote what we call Obama care gives such discretion.
To the secretary of health and human services she can decide.
What is primarily Catholic and one is not primarily Catholic what group is entitled to our religious exemption.
And what group -- not and that is the essence of the challenge that this is too much discretion.
In the hands and the mind of a bureaucrat.
-- and the -- part about this have always found fascinating if obamacare is is continues in his -- by the Supreme Court.
That this administration will change some time either this year or four years from now and there'll be another secretary of health and human services and one more after that and again.
And each one of these are going to be able to decide.
If your Catholic enough.
You know one of the arguments for challenging Obama -- that it violates due process and due process basically means.
In this area and it instance that you know what the law means and what behavior is expected have you.
When bureaucrats even elected officials like the president.
Have so much discretion to decide against -- to enforce a statute and to -- to give and an exemption from the statute.
Then -- processes violated so this is one of the things that the Supreme Court is being asked to look at.
When it evaluates whether or not obamacare complies with the constitution.
Does it give so much discretion to bureaucrats that a violates due process which is commanded by the constitution.
-- we need to know what the law is so we can live within it were up what -- you've got.
43.
Lawsuits in twelve different federal courts -- is this.
Because is this a strategy to say.
This federal judge might rule and Catholics favour this one might rule against them this one will this one won't -- now you have you teed up perfectly to go to the Supreme Court well -- I think that all these cases will be consolidated before one federal district court judge because they're all very similar.
The -- Catholic plaintiffs are all represented by the same law firm which is very.
A multi national law firm called Jones day -- different offices about law firm filed all these complaints.
And I think it would be easier and more discrete for all of this to be resolved.
In one place at one time put aside what I think that's what the loss as some of our provisions of the federal rules of civil procedure.
For the Chief Justice himself to say all these cases in which -- is Catholic entities -- -- obamacare they're all gonna go before.
And he will pick a judge.
In Decourt probably and a large city where the government in the church of a large press -- Right sold -- problem when the state sued are about obamacare -- it took a couple of years to get it to the Supreme Court yes how Long Will ballistic.
Well that depends what happens I mean if the Supreme Court in validates.
The entire statute.
In a month and a half then of course these lawsuits will go away because the the the problem.
That the Catholic Church is complaining about will go away but at the Supreme Court only -- if -- -- -- the statute or only in validates the individual mandate.
Then the portion of the statute that they Catholic plaintiffs are finding offensive will still be there.
Stated differently you're talking about two years.
Before a case of this magnitude can make its way to the Supreme Court which is about how long it took for the -- obamacare challenged to make its way to the supreme.
All right so there's not going to be a fast ruling there's not going to be an evening before Election Day.
Other than the main argument that the states have before the Supreme Court -- -- it's going to be before Election Day people taking different sides of the some political arguments no judicial rulings.
I don't even know if the Chief Justice will assign this to one court before Election Day because the complaints just keep rolling.
The court of public opinion don't like you said that it's.
It fired up now but will it stay fired up but that's well then that's a very interesting question -- and and I'm not sure how that goes -- for example if if the court in validates the individual mandate by a vote of five to four of the five conservative justices.
That ruling and the four liberals dissenting the president may very well say two to the electorate -- I gave you what I promised five Republican judges appointed by three Republican presidents they're the ones who took -- away for a new -- very actually have a stronger political argument.
This is valid this.
Play right into the elections every member what's key about president humane that you may go so -- battle Bob Orr -- but what's key is one of them gets to appoint Supreme Court just.
Right governor Romney's argument will be thank god for the Supreme Court they send us on the run away Democrats -- -- take away our freedom yeah so visible for me right.
I both -- what we should have a decision.
Before the fourth of July is obamacare constitutional or is it that's going to be some say -- this this.
Bring -- global talking of them because -- -- going to be a big did you gender and Apollo -- always great to see you think it's.
