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You can sugarcoat this -- -- you want -- let's face it -- -- features just declared war on the Obama administration and their fighting and one leader's words would so Burton determination.
Just hours ago in a coordinated effort 43 Catholic institutions in multiple jurisdictions nationwide just sued the Obama administration.
Among the -- -- the archdiocese of Washington.
The Archdiocese of New York.
The Catholic university in America and the University of Notre Dame Richard Garnett is associate dean and professor at the University of Notre Dame law school he joins -- -- serve.
Good -- great to be reviewed.
Great to have it now I've read the letter from the from the president university that this was not done with that great pleasure but sort of live with sadness that -- -- heavy heart tell me why it is that this set.
They've gone this far to file a lawsuit.
-- -- to be clear Greta I don't I don't speak for the university here in an official capacity I'm just a professor and a scholar whose interest in these matters but.
From reading father Jenkins letter my understanding is that.
His view and I agree with it is that a lot of efforts were made to come to some kind of compromise and accommodation with the administration.
And yet the administration is persisting.
In what I regard as a needless and unnecessary imposition.
On religious freedom there's lots of other ways the administration could achieve its goals here.
And indeed most of these Catholic institutions that are -- these lawsuits.
Embraced the goals of the Affordable Care Act in terms of universal coverage and so on.
But the administration's been very on responsive to efforts to protect religious freedom and that's why father Jenkins I think thought.
He had no choice behind -- other plaintiffs thought they had no choice but to try to vindicate their rights in court.
I it was out was recorded because so many were filed at one time fair assumption.
Well you're an attorney Greta you know that when a lot firmer presents multiple clients are obviously gonna have to be thinking about the relationships between the different clients and and to coordinate some extent.
At in terms of this and what what does he -- show up allegations -- in what state cause of action what are you seeking to get.
But what are they seeking to guess and I reality not the life I have but what of the.
Right the complaints that have been filed -- that has as you said this 43 different to complain of some twelve different district courts.
-- the nutshell version is that they're seeking relief under the federal religious freedom restoration act and also under the First Amendment to the US constitution.
As you know the -- religious freedom restoration act was a law passed in the early ninety's with overwhelming bipartisan support.
Provides that whenever the federal government burdens -- religiously motivated practice they have to have a really good reason for doing so.
And they have to try to find the least restrictive way of achieving their goals.
And the claim in this case is that the government's has made minimal effort to actually balance religious freedom against its own interest.
And again the religious freedom restoration act says that they have to do better.
I understand that there have been some efforts to settle I think the president would say that he softened his earlier position and thought that he'd reached out to with the Catholic church and that that -- has been on except oh.
I'm curious you know is there any sort of settlement there any any way out of this -- this proceeding to the courts how do you see this unfolding.
Well my -- was as a citizen is that there would be another way to settle this.
The president did signal that perhaps he'd be opened -- to tweaking the mandate.
In the months to come but the fact is as father Jenkins said.
It's unreasonable to expect all these Catholic institutions to sit back and wait and hope.
Administrative accommodation we crafted that'll let them out -- -- -- burden.
The law that's in effect right now the law of the land.
Is the mandate that requires these institutions to subsidize.
Drugs and procedures they think are -- moral.
And in order to avoid taking on the costs of complying with that mandate which is -- -- go into effect very soon.
I think these institutions decided again they weren't looking for this fight it was imposed on them.
Decided that they had to vindicate the rights in courts now there's there's still plenty of time for the legislature to try to fix the situation and obviously I think the best situation be if the administration decided to.
To better accommodate religious freedom as is our country's tradition.
Any thought about how high the -- this go all way to the Vatican and the decision too -- No I doubt that's not the way the Catholic Church actually operates -- me.
All have governing boards and make decisions about what's in their legal interest obviously some of the institutions in question are diocese -- I assume I'm just a layman but I assume that.
The relevant bishops make those decisions but in the case like Notre Dame.
At the University of Notre Dame it's governed by board of trustees and by.
Other bodies in each of these institutions had to decide whether this was in their interest and all of these institutions are committed to protecting their religious freedom.
It happens there all Catholic but it's not like Pope Benedict is the one who gave the green light to file this lawsuit.
But for the fact that -- -- coordinated that's obviously why I would I would ask because some ways lawsuits -- -- on the same day by so many so you think that someone was you know probably thank him wasn't just a coincidence that we're not some garlic and a file today.
I'm sure it's not a coincidence but again the fact that a lot of these institutions are represented by the same law -- I think explains that -- well.
But just thank -- --
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