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Obama rule likely to be overturned by court, says legal scholar

January 27, 2012

Ed Whelan of the Ethics & Public Policy Center offers a quick legal analysis of the Obama administration's contraceptive mandate, and explains why he believes it will be challenged successfully in court.

What I do find remarkable—even amazing (to reprise Justice Kagan’s term)—is that the HHS mandate appears to be so clearly unlawful.


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  • Posted by: polish.pinecone4371 - Jan. 28, 2012 12:11 AM ET USA

    What I don't understand is that, if it is "so clearly unlawful" then why did the U.S. Supreme Court not take up the cases out of NY and Calif which address the very same thing?