On Friday, the Obama administration issued its legal reply to the first complaint against the HHS mandate to cover contraceptives.
Cardinal Newman Society has a great post on their blog:
“You might have expected them to argue that we don’t have a constitutional claim,” Mark Rienzi of the Becket Fund told The Cardinal Newman Society. “But instead they said ‘hey didn’t you hear we may fix it someday?’”
Rienzi called it “really cynical” to have a law on the books but then argue that the court shouldn’t look at the law, because the administration said they’d fix it some day in the future.
He said he suspected that the administration knew they were on shaky legal ground when the lawyers kept asking for extensions while the politicians kept holding press conferences. He said that the administration’s promise to change the law in the future doesn’t stand up to constitutional scrutiny.