Cardinal Dolan Scores Big Win: HHS Mandate Lawsuit Allowed To Move Forward

The main reason some HHS mandate lawsuits have been dismissed is because the judges have claimed that it is too soon for them to sue or due to the possibility that the Obama administration may make some changes to the HHS mandate.  But Judge Brian Cogan in New York refused to dismiss Cardinal Dolan's lawsuit which challenges the constitutionality of the mandate. In addition Judge Cogan delivered a critically stinging rebuke to the administration's arguments.

From Cardinal Newman Society:

Fundamentally . . . this Court cannot accept that the present costs incurred by plaintiffs are simply the result of their “desire to prepare for contingencies.”  Quite frankly, ignoring the speeding train that is coming towards plaintiffs in the hope that it will stop might well be inconsistent with the fiduciary duties that plaintiffs’ directors or officers owe to their members. As explained above, the practical realities of administering health care coverage for large numbers of employees — which defendants’ recognize — require plaintiffs to incur these costs in advance of the impending effectiveness of the Coverage Mandate. That is a business reality that any responsible board of directors would have to appreciate. 

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. . . . Considering the extraordinary political passion surrounding the Coverage Mandate from all sides, there is simply no way to predict what, if any, changes to the Coverage Mandate will be made, even if some policymakers favor certain changes.

You can find further explanation on the ruling at Mirror of Justice.