Judge rules against Obama administration, says diocese’s lawsuit against HHS mandate may proceed

February 06, 2013

Ruling against the Obama administration’s motion to dismiss the case, a US district court judge has determined that the Diocese of Fort Worth’s lawsuit against the HHS mandate may proceed.

“Because the Mandate is ‘on the books,’ there is nothing improper about subjecting it to the limitations of the United States Constitution and other applicable laws,” ruled Judge Terry Means, who said the administration was “disingenuous” when it argued that the case was not ripe because the diocese has not yet suffered injury.

Quoting a decision by a US district court in New York, Judge Means, an appointee of President George H. W. Bush, added:

Moreover, the First Amendment does not require citizens to accept assurances from the government that, if the government later determines it has made a misstep, it will take ameliorative action. There is no, “Trust us, changes are coming” clause in the Constitution. To the contrary, the Bill of Rights itself, and the First Amendment in particular, reflect a degree of skepticism towards governmental self-restraint and self-correction.

 

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Further information:

• Court Allows Catholic Diocese’s Lawsuit to Proceed Against the HHS Mandate (ACLJ)
• Full text of decision