I believe this suit was not brought by a 'radical' version of the Dem party, either, but by Gov. Shapiro in PA. This is just who the democrats are at this point. Note how absurd it is to claim the exemption granted the nuns was '
arbitrary and capricious:'
Quote:
Supreme Court Victory Undone by Procedural Arguments
Here's what makes this ruling particularly galling for religious liberty advocates: This is the exact same case where the Little Sisters won a decisive 7-2 victory at the Supreme Court in 2020. The high court ruled that the Trump administration had proper authority to grant these religious exemptions and that the rules met all procedural requirements.
But Pennsylvania and New Jersey weren't willing to accept that outcome. Instead of dropping the case after their crushing Supreme Court defeat, the states pivoted to new arguments. They "revitalized their cutting-floor arguments that they chose not to pursue at the Supreme Court last time and brought them in the district court," according to Diana Thomson, a senior attorney with Becket, the legal advocacy group representing the Little Sisters.
The district court's 55-page ruling completely sidesteps the constitutional and religious liberty questions the Supreme Court addressed, focusing instead on narrow claims that the agencies acted "arbitrarily and capriciously" when crafting the exemptions. Judge Beetlestone waited five years to issue this decisionwithout even holding a hearing on the constitutional issues at stake.
Also, obligatory;
Wendy Beetlestone is an Obama Judge.
Quote:
Judge Beetlestone's ruling essentially accuses the Trump agencies of solving the wrong problem. She argues there was no "rational connection" between the problem the agencies identified (RFRA conflicts) and the solution they chose (broad exemptions).
The court found that because the previous accommodation process was supposedly adequate for most religious objectors, the Trump administration went too far by exempting "all employers with objections to the mandate, even if the accommodation met their religious needs." In other words, the agencies exempted employers who supposedly had no religious objection to the status quo.
The judge also criticized the inclusion of publicly traded companies in the religious exemption, noting that the Supreme Court in Hobby Lobby suggested such companies were "unlikely, if ever" to maintain sincere religious objections. She found it "arbitrary" for agencies to agree with this assessment while simultaneously extending exemptions to publicly traded corporations.
Perhaps most significantly, the court ruled that the agencies failed to properly justify their change in position regarding contraception's safety and effectiveness. The Trump agencies had cited studies raising questions about certain contraceptive methods, but Judge Beetlestone found this analysis insufficient to justify departing from previous conclusions that contraception was safe and effective.
As the left complains about the costs of any single thing Trump does, even including his building a ball room at the White House on his own dime, keep in mind some of the 'most moderate' Dems have had no problem forcing 12 years of litigation on the little sisters of the poor to make them pay for abortion coverage.
So bold, so compassionate. Never, ever vote for a Democrat.