What’s going to be interesting is to see is if they actually do what they say they’re planning to do. The administration has tried to ignore the court before. Just as interesting will be the substance of the “rewrite”. What will the court accept as an “accommodation” to “religious liberty?”:
Health and Human Services Secretary Kathleen Sebelius cannot enforce the Obamacare contraception mandate as it is written, but must follow through on a promise to rewrite the rule to accommodate religious liberty, a federal appeals court ordered.
The Obama administration “represented to the court that it would never enforce [the mandate] in its current form against the appellants or those similarly situated as regards contraceptive services,” the three judges hearing the case wrote in their order. The Obama team made that promise during oral arguments against Wheaton College and The Becket Fund for Religious Liberty, which sued over the contraception mandate but lost at the lower court level.
“There will, the government said, be a different rule for entities like the appellants . . . We take the government at its word and will hold it to it,” the judges wrote. They ruled that the Obama administration must rewrite the regulation by August 2013 and provide updates to the court every 60 days. If the government fails to do so, the lawsuits may proceed.
The court also noted that the Obama administration had not made such an expansive pledge outside the courtroom.
Yeah, I’m sure they haven’t. Of course they could have cooled all the angst fairly quickly if they had. You have to wonder why they didn’t.
Well, not really.