On Monday of this week, Obama’s Department of Justice (DOJ) filed a letter with the court stating that they intend to file a motion to dismiss AFLC’s lawsuit against the HHS Mandate on behalf of Priests for Life for “lack of subject matter jurisdiction.” In plain terms, the DOJ is essentially saying that the HHS Mandate will not harm Priests for Life; and even if it did, the harm will not occur until January 1, 2014 (the “temporary enforcement safe harbor”) when the government will take enforcement action; and even then the recent “compromise” has not been finalized, so it cannot be challenged because it would “entangle the Court ‘in abstract disagreements over administrative policies.’”
In short, the DOJ is making the absurd argument that Priests for Life cannot show any harm so they lack standing to challenge the HHS Mandate; and even then, the harm will not occur until the future (2014), so the case is not ripe for the court to review.
What is obvious here is that the Obama administration is desperately trying to avoid the merits of this lawsuit and a ruling that this mandate violates the fundamental religious liberties of all Americans, and more specifically, Priests for Life in this case. Rest assured, we will not allow Obama and his administration to get away with this attack on our fundamental rights.
Suffice to say, our legal team is all over this. We have seven days to respond to the DOJ’s letter.