Score One for Religious Freedom
Yes, it is limited to one company. Yes, it is owned by a Catholic family.
But despite the predictable naysaying from the Obama-loving MSM, this ruling matters. Not only does it emphasize the mandate’s lack of regard for First Amendment rights, its arguments offer a roadmap to other litigators with clients who don’t want their religious liberties trampled by the Obama administration.
What’s more, think about the criteria for a judge to issue a preliminary injunction in matter of this sort: One of the major ones is a “substantial likelihood of success on the merits.” (Ok, in the opinion itself, Judge Kane referred to the 10th Circuit standard of “likelihood of success on the merits,” but you get the point.) In other words, there’s got to be a pretty good chance that the party seeking the injunction is going to win the case.
Won’t it have been interesting if the Obama administration has demonstrated its disregard of sacred rights and appalled a substantial part of the American people for a mandate that ultimately doesn’t pass constitutional muster?