Congressman Destroys Sebelius on HHS Mandate and "Appropriate Balance" for Religious Liberty
Gowdy has provided not only a roadmap for whoever argues the case before the Supreme Court, but elicited about the best piece of evidence one could possibly ask for showing that the HHS didn't do its due diligence in considering the appropriate balancing of religious liberty interests.
The HHS mandate is pretty much doomed once it gets to the Supreme Court. When it comes to "striking the appropriate balance" between the fundamental right to religious liberty and some purported government regulatory interest, as Justice Roberts wrote recently in the Hosanna-Tabor case, "the First Amendment has struck the balance for us ."
By the way, I just found out that Congressman Gowdy is a Baylor graduate. Couple that with RG3 being the #2 pick in the NFL draft, and it's YET ANOTHER big day for Baylor.
Sic 'Em Bears !!!
You know what the best part about this entire exchange is? That the words "contraception" and "women's health" NEVER ONCE came up. And that's because this issue isn't about those things - it's about whether the government is permitted to burden religious liberty by demanding activity that violates the fundamental tenets of that religion.
What Congressman Gowdy has done here is to focus on the LEGAL and CONSTITUTIONAL issues at stake, and whether Sebelius and the HHS gave due consideration (or any consideration at all) to what the LAW requires in order to burden a fundamental right like religious liberty. And Sebelius basically conceded that she and the HHS did not. Great work, Congressman!