Courtesy of PJ Media, here’s a revelation that’s somehow nowhere near as shocking as it ought to be. Yesterday on Capitol Hill, Secretary of Health and Human Services Kathleen Sebelius admitted that she didn’t bother to check the Constitution or judicial precedent before going ahead with the Obama Administration’s contraception mandate.Asked by Rep. Trey Gowdy (R-SC) what tests of legal interpretation she used to determine that the mandate struck the right balance with religious liberty, Sebelius answered:
Congressman, I’m not a lawyer and I don’t pretend to understand the nuances of the constitutional balancing tests […] I am not going to wade into constitutional law, I’m talking about the fact that we are implementing a law that was passed by the Congress, signed by the President, which directed our department to develop a package of preventive health services for women. We have done just that with the advice of the Institute of Medicine, and promulgated that rule.Note well that the combination of congressional votes, presidential signatures, and the opinion of the Institute of Medicine amount to somewhere between nada and zilch when it comes to constitutional law.
“The minimum coverage provision is … necessary to achieve Congress’s concededly valid objective of reforming the interstate market in health insurance,” the Justice Department said in its first Supreme Court brief on the merits of the mandate.
The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intcrcourse between the different parts of the Confederacy. “The commerce of the German empire is in continual trammels from the multiplicity of the duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the fine streams and navigable rivers with which Germany is so happily watered are rendered almost useless.” Though the genius of the people of this country might never permit this description to be strictly applicable to us, yet we may reasonably expect, from the gradual conflicts of State regulations, that the citizens of each would at length come to be considered and treated by the others in no better light than that of foreigners and aliens.
Hot off the heels of trashing Lila Rose, Newsweek’s Michelle Goldberg jumps into the ObamaCare-contraception fray with a Daily Beast column arguing that forcing Catholic institutions to offer birth control is no big deal. Unfortunately for the Obama Administration, however, her apologia is a train wreck of distortions and non sequiturs:
But many Catholic institutions are already operating in states that require contraceptive coverage, such as New York and California. Such laws are on the books in 28 states, and only eight of them exempt Catholic hospitals and universities. Nowhere has the Catholic Church shut down in response.Really? According to the non-partisan National Conference of State Legislatures, the actual number of states with religious exemptions is twenty, making the truth the exact opposite of what Goldberg describes. Maybe that has something to do with why Catholics would consider the White House’s decision a dramatic change in the status quo?
Of all the arguments against nominating Mitt Romney for president, perhaps the strongest is that his enactment of RomneyCare and his refusal to disavow it could neutralize the Republicans’ ability to run against Barack Obama’s own intensely unpopular health care plan. If Romney is the GOP standard-bearer, expect Democrats to play up the similarities and common ancestry of the two plans, challenging Romney to explain why one is a bipartisan success story and the other is an intolerable threat to our way of life. It’s certainly a concern Republican primary voters must take seriously.But the idea that Newt Gingrich would be preferable on that score is about as unserious as it gets. The former speaker may be talking tough now on how “you can’t make the difference” between RomneyCare and ObamaCare and boasting that “I can ask [Congress] to repeal ObamaCare because I haven’t passed something which resembles it,” but the truth is that Gingrich is every bit as compromised on health care as Romney is — perhaps even more so.You wouldn’t know it from his bluster on the stump, but Gingrich endorsed RomneyCare in 2006. Despite some criticism of the bill’s imperfections, he “agree[d] entirely with Governor Romney and Massachusetts legislators that our goal should be 100 percent insurance coverage for all Americans” and, to that end, called RomneyCare “the most exciting development of the past few weeks,” with “tremendous potential to effect major change in the American health system.”
UPDATE: The Weekly Standard’s Jeffrey Anderson says Santorum has misrepresented Gingrich on healthcare, because the mandate isn’t his current position. But I think Santorum’s point is that, if Gingrich has repeatedly expressed support for the idea at the federal level and even endorsed RomneyCare in 2006, then you have to wonder just how sincere his current position is. Or are last-minute flip-flops only wrong when Mitt Romney does them?