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Catholic groups sue to block contraception mandate

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    What are arguments on both side of the case?

  • Duration 5:25
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Sorry -- -- archbishop of New York leading or one of the leaders of a huge new challenge to the president's.

Health care lots all over the contraception mandate Timothy cardinal Dolan saying this fight.

Is going to court take a listen.

What the federal government did unfortunately and which which got our Irish up.

Is when they sit and oh by the way will define what -- churches.

Will tell you what you can and can't we'll set the parameters.

As to how you can minister to whom -- -- minister minister.

And the motives it should direct your ministry.

That's a character that's the tone of -- straitjacket in exemptions if our attorneys who are very evil people.

Said we need to take this as far as -- can go.

We'll be with and we'll go.

Jet -- of -- time I was at Fox News senior judicial analyst in joining us now before we get to the nitty gritty of this case judge.

Why now why -- think we're seeing these cases now in this time where the Supreme Court is just about to issue an opinion on health care law overall what do you think.

-- because the Obama administration.

Which has discretion.

Under the statute as to when certain parts of it will kick in.

Has decided that the mandate with respect to contraceptive.

Provisions and health -- will kick in so if you are an employer.

And you provide health care coverage -- employees.

That coverage has to consist of contraception.

And you can't put that in overnight because you have to buy more coverage through the insurance carriers so cardinal Dolan.

Father Jenkins the president of the University of Notre Dame and other similarly situated have to decide now know what coverage will be available by the end of 2012.

So by filing these lawsuits is that mean they don't have to go along with some of those requirements that are act being asked to be implemented even now as a Supreme Court is -- -- I -- they would they would wish that that was the case but the filing of the lawsuit does not exempt them from the requirements.

In May get them an answer as to whether or not they have to comply with the requirements now all of this could be moot if the Supreme Court in validates the individual mandate.

So let's get to the issue of what these -- dead -- archbishop an -- amongst others.

Are arguing tell us on both sides give -- both sides -- argued the best -- argument on both sides to.

What with essential.

Issue is that the government's argument is -- that it is now the public policy of the United States of America.

That everybody be covered for all -- reasonable health care needs.

And among those needs are -- -- services ordinarily provided to women but they can be provided.

To men as well.

And because the congress has decided this is -- public policy of the country.

Individuals can't exempt themselves from -- they had a chance to vote and this is what congress decided.

That's the government's argument.

-- condolence argument father Jenkins the president of the University of Notre Dame argument is.

The First Amendment says the government can't interfere with the free exercise of religion.

The Catholic Church has opposed to not natural.

Birth control for over 400 years in 1968 this is made -- permanent -- of the Catholic Church.

This is a well known teaching of the church.

And the government can't interfere with fat free exercise of the government forces Catholic employers like the Archdiocese of New York or the University of Notre -- To make available to their employees services that the church condemns.

It would be forcing the church to violate its teachings and the First Amendment.

Insulates the church from that.

Does -- have anything to do with the fact that these services like the birth control pill rate would have to be covered for free.

If there is if he attacks should in some way would that change any thing -- -- this mandated implementation from some of these organizations.

No and in fact the that the health care mandate the -- obamacare does not require that the -- for -- it requires that they be available so.

If you or employer pays for your health care.

The employer cannot be added to your burden by adding the service to the health care.

But if you pay for your health care out of the deduction you could end up paying more if the insurance carrier wants more from this conference so.

Now that -- had on this plane for -- not long time but a lot of a lot of cases here and -- you -- -- you see this argument.

Who do you think has the best aren't many who who would ultimately win here it goes to court.

Well we've never seen a challenge like this in court we've seen other challenges where religious institutions.

Have -- exemption.

From the general law of the land probably one that comes to mind is the draft.

Okay people who were legitimately.

Conscientious objectors in some cases some churches -- this in some cases individuals did.

And in that case the Supreme Court said yes.

If you hold this -- in your heart with the same degree that -- would hold a religious feel we're not gonna force you to go into the draft so of the Supreme Court.

Looks to that precedent which is around 1967196888.

Vietnam era Vietnam War era opinion.

I think we'll side with probable it looks to a more draconian wherever the government says is the law view it -- -- with the government prediction.

Obamacare will be history before cardinal -- case that reaches court.

And -- have nothing to worry.

Right you heard it here first to see here right -- save the tape and I want and I and I know how well.

And well you know -- -- hang on every word.

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