Wheaton College is appealing a federal judge's recent decision
to dismiss its lawsuit against the HHS mandate that would force the
school to cover abortion-inducing drugs.
The judge made that decision when the Department of Health and
Human Services rewrote its "safe harbor" guidelines -- granting
Wheaton a one-year exemption from the mandate, thus eliminating any
immediate threat of lawsuits or fines (see earlier story). But Mark Rienzi of The Becket Fund
for Religious Liberty, who is appealing the case,
"Wheaton was exposed to private lawsuits in January.
Wheaton has to deal with the uncertainty created for its employees
and their families about whether they'll have insurance going
forward in the future," Rienzi notes. "So, the trial court judge
was just incorrect to find that there's no current burden on
He suggests the government has a shabby strategy of applying as
much pressure as possible to those who oppose the contraception
mandate, while it avoids rulings from the courts.
"The government's whole approach to this case has made clear
that their goal is to keep as much pressure on as they can without
having to face the judges and without having to get rulings from
courts," the attorney asserts.
Rienzi is asking the D.C. Court of Appeals to allow Wheaton's
lawsuit to go forward.