The American Civil Liberties Union intends to sue the Trump administration over the new rules they’re putting into place regarding contraception exemptions for employers. This is as shocking as a baseball game lasting at least nine innings.
“The lawsuit is being filed on behalf of members of the ACLU and Service Employee International Union-United Health Care Workers West (SEIU-UHW) who are at risk of losing their contraception coverage because of where they work or where they go to school,” they stated on their website.
The chances of this going anywhere are pretty much nil. Even if they can get it all the way to the Supreme Court, they don’t have a case. If anything, they’ll highlight the fact that this and many other components of Obamacare are unconstitutional.
The ACLU specifically argues that the rules violate the establishment clause and the equal protection clause of the Constitution by “authorizing and promoting religiously motivated and other discrimination against women seeking reproductive health care.”
“This rule is unconstitutional because it allows employers, businesses, companies to impose their religious beliefs on their employees and that is a violation of the Establishment Clause,” she said, referring to the First Amendment right to freedom of religion.
Reality check: The Supreme Court has already sided with one employer — Hobby Lobby — that sought an exemption from the mandate on religious-freedom grounds, and has generally tended to side with parties who say their religious rights have been violated.
This is one of the things the President has done recently that I actually like. He’s been powerless in many instances with the impotent GOP on Capitol Hill and foolish with his use of executive orders, but this one makes sense. It’s not a home run, but it’s a minor victory. Of course, the ACLU will do what they can to try to stop it.