White House giving up fight over Obamacare’s contraception mandate?

posted at 8:40 am on July 23, 2014 by Noah Rothman

The Supreme Court’s ruling in the Hobby Lobby case was met with incandescent outrage from progressives. The overturning of a mandate never passed by Congress which had not existed prior to 2010 signaled, those who consider themselves members of a class of deliberative and reasoned thinkers said, evidence of a theocratic judiciary in the United States. Recognizing the indignation on their side of the aisle, the White House responded by reassuring their base supporters that this offense would not go unanswered.

“Today’s decision jeopardizes the health of women who are employed by these companies,” White House Press Sec. Josh Earnest said.

He added that it the administration would urge members of Congress to plug this new hole in the Affordable Care Act, and that is exactly what they did. In order to appease the notoriously lethargic base of Democratic voters who had suddenly grown energized over the specter of impeded access to free contraceptives, Congressional Democrats submitted a measure aimed at restoring that coverage without amending the Religious Freedom Restoration Act. It failed to pass.

After that ol’ college try, it seems the White House may be giving up on the fight over the contraception mandate entirely. In a move sure to dispirit their supporters, the administration is reportedly developing a compromise proposal which The Hill reports would let “nonprofits opt out of ObamaCare’s contraception mandate without filing a form they say violates their religious belief.”

On Tuesday, a senior administration official said they are working on an alternative option for religious nonprofits that do not want to fill out the document and will issue a federal regulation in the next month.

While the officials provided no further details, they emphasized the regulation will not shift the burden of paying for contraception to the employees.

The news comes after the Supreme Court issued an injunction in favor of Wheaton College, an evangelical institution in Illinois that will not have to fill out the third-party form while the high court makes its ruling, which isn’t expected until at least fall.

In the wake of Tuesday’s decision in Halbig, the war to keep Obamacare intact is becoming a multi-front conflict. Politics is, as they say, the art of the possible and compromise is probably a welcome short-term solution to this issue until the broader problem of the Affordable Care Act’s legitimacy can be finally determined at the ballot box.

This will not satisfy Democrats who were spoiling for a fight and abhor compromise over an issue so central to the War on Women.


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In the wake of Tuesday’s decision in Halbig, the war to keep Obamacare intact is becoming a multi-front conflict. Politics is, as they say, the art of the possible and compromise is probably a welcome short-term solution to this issue until the broader problem of the Affordable Care Act’s legitimacy can be finally determined at the ballot box.

Alinsky in reverse. Now it’s the Regime that is receiving pokes, prods, shoves, and slaps to the face from multiple directions.

ConstantineXI on July 23, 2014 at 8:44 AM

Aborted…

Electrongod on July 23, 2014 at 8:44 AM

In a move sure to dispirit their supporters, the administration is reportedly developing a compromise proposal which The Hill reports would let “nonprofits opt out of ObamaCare’s contraception mandate without filing a form they say violates their religious belief.”

Dems can’t have it both ways. They can’t rile up really stupid rabid women with the idea that society is based on their birth canals and then not go to war when a bunch of nuns threaten their “right” to free contraception.

Happy Nomad on July 23, 2014 at 8:46 AM

While the officials provided no further details, they emphasized the regulation will not shift the burden of paying for contraception to the employees.

Then just who will inherit that ‘burden’, then? Free contraception isn’t a right.

changer1701 on July 23, 2014 at 8:47 AM

So thats why there was White Flags on the Brooklyn Bridge
yesterday!
(sarc)

canopfor on July 23, 2014 at 8:48 AM

Fine, as far as it goes. I guess religious non-profits will finally get the “accommodation” they wished for, and I’m guessing the Catholic Church will now resume cheer leading for ZeroCare. But what about the rest of us? What about individuals, or for-profit organizations? Why do we have to “fill out a form”, and subject ourselves to undue scrutiny by an angry tyrant?

MTF on July 23, 2014 at 8:49 AM

White House giving up fight over Obamacare’s contraception mandate?

I’m not surprised. I kind of expected a surrender on the nonprofit side of this 1st Amendment violation after the Hobby Lobby ruling. The so called nonprofit compromise was always too cute by half.

NotCoach on July 23, 2014 at 8:50 AM

Aborted…

Electrongod on July 23, 2014 at 8:44 AM

Oh the irony…

ConstantineXI on July 23, 2014 at 8:51 AM

Then just who will inherit that ‘burden’, then? Free contraception isn’t a right.

changer1701 on July 23, 2014 at 8:47 AM

Men, who will continue to be expected to pay for the proverbial steak-and-lobster dinner without getting the surf, turf, or “dessert”.

Steve Eggleston on July 23, 2014 at 8:52 AM

This will not satisfy Democrats

Nothing short of complete and total state dominance would.

And even then, they would still complain about something.

Gatsu on July 23, 2014 at 8:52 AM

In a move sure to dispirit their supporters, the administration is reportedly developing a compromise proposal which The Hill reports would let “nonprofits opt out of ObamaCare’s contraception mandate without filing a form they say violates their religious belief.”

Up until now, the words “compromise proposal” simply were not in the vocabulary of President ‘I Won’ or any of the higher-ups in his administration. That doesn’t mean the eventual proposal will be a compromise — the administration has claimed to the media they’re compromising several times in the past while putting forward proposals of capitulation by Republicans — but if they actually do back off here, they’re definitely going to anger the “Contraception Now! Contraception Forever!” crowd, for whom 16 out of 20 methods allowed under the Hobby Lobby ruling was still four methods too few for their personal sanity.

jon1979 on July 23, 2014 at 8:54 AM

The purpose of “the war on women” (and the contraception mandate) was to get Obama re-elected. It is a distraction now. He is spending his time on things with a more profound impact. Destroying the borders of the US will have a permanent effect.

gh on July 23, 2014 at 8:54 AM

In other words the left’s latest Offensive in the War on Women fizzled and it will not be a factor in the November elections.

Johnnyreb on July 23, 2014 at 8:57 AM

Title is a little misleading. It sounds like they are giving up the fight on the accomodation related to non-profits, not the mandate itself.

gengwall on July 23, 2014 at 8:58 AM

This whole immigration issue is about sending more and more unwanted children to the USA until the religious right agrees that birth control and abortion are sound government policies.

meci on July 23, 2014 at 8:58 AM

White House giving up fight over Obamacare’s contraception mandate?

No – they’re simply moving it from ramming it down employers’ throats to ramming it down all taxpayers’ throats:

While the officials provided no further details, they emphasized the regulation will not shift the burden of paying for contraception to the employees.

Steve Eggleston on July 23, 2014 at 8:59 AM

“Today’s decision jeopardizes the health of women who are employed by these companies”
White House Press Sec. Josh Earnest

This claim is so blatantly false. How do the Democrats themselves not laugh at this nonsense?

thuja on July 23, 2014 at 9:05 AM

This claim is so blatantly false. How do the Democrats themselves not laugh at this nonsense?

thuja on July 23, 2014 at 9:05 AM

No sense of humor?

Steve Eggleston on July 23, 2014 at 9:09 AM

Noah, you keep referring to “contraceptives.” You do know the Hobby Lobby decision was unrelated to contraceptives, right? Surely you’re not that clueless. Surely you haven’t joined the Left’s war on language?

Lolo on July 23, 2014 at 9:11 AM

“Congressional Democrats submitted a measure aimed at restoring that coverage without amending the Religious Freedom Restoration Act. It failed to pass.”

You mean “deny Christians the equal protection of the law.”

The_Livewire on July 23, 2014 at 9:12 AM

““Today’s decision jeopardizes the health of women who are employed by these companies”
White House Press Sec. Josh Earnest

Nope– only thing jeopardized is the fetus, yet again

hillsoftx on July 23, 2014 at 9:14 AM

Obamacare is rather a muddled mess after this latest round of rulings no one understands what it even is anymore.

sorrowen on July 23, 2014 at 9:16 AM

ConstantineXI on July 23, 2014 at 8:44 AM Good times good times about also got a violation of the seperation of powers with these latest rulings. Which he seems to get repeatedly in these cases abuses of power and what not.

sorrowen on July 23, 2014 at 9:19 AM

Having a religiously-formed conscience offends Obama. It implies that there might be some power above and beyond Washington or the UN.

RBMN on July 23, 2014 at 9:21 AM

Heads UP:

Another AirLiner has gone down:

The Associated Press @AP · now

BREAKING: Taiwanese news agency: Plane crashes in emergency landing, killing 51 people, injuring 7.

canopfor on July 23, 2014 at 9:22 AM

“Today’s decision jeopardizes the health of women who are employed by these companies,” White House Press Sec. Josh Earnest said.

How, exactly? The Fascist-Democrats are simply making crap up at this point.

rbj on July 23, 2014 at 9:26 AM

I find it hard to believe Obama has caved and plans to accommodate religious institutions. Isn’t it more likely that he will try and demand through executive order that ONLY such institutions can be exempt? Thereby (in his twisted legal reasoning) Hobby Lobby might lose its exemption, and the company will have to go back to court to fight again.

It seems we often see these balloons floated where he supposedly is going to compromise, but in fact does nothing of the sort.

doufree on July 23, 2014 at 9:34 AM

The latest Constitutional take on the right to contraception and abortion is that if you treat a baby as a future soldier, it is guaranteed by the Third Amendment.

Rix on July 23, 2014 at 9:36 AM

It seems we often see these balloons floated where he supposedly is going to compromise, but in fact does nothing of the sort.

doufree on July 23, 2014 at 9:34 AM

Obama does not negotiate nor does he compromise.

Except with our enemies.

ConstantineXI on July 23, 2014 at 9:41 AM

doufree on July 23, 2014 at 9:34 AM I agree he will try some executive action but I don’t think it will have much bite. He is a wannabe dictator however im seeing that O even sucks at with his repeated court smack downs.

sorrowen on July 23, 2014 at 9:41 AM

This claim is so blatantly false. How do the Democrats themselves not laugh at this nonsense?

thuja on July 23, 2014 at 9:05 AM

Remember how the DoJ was going after George Zimmerman last year on hate crime charges?

Yeah, neither do we.

sentinelrules on July 23, 2014 at 9:43 AM

Forget contraception I want FREE AMMO NOW!!!

Jackson on July 23, 2014 at 9:49 AM

I agree he will try some executive action but I don’t think it will have much bite. He is a wannabe dictator however im seeing that O even sucks at with his repeated court smack downs.

sorrowen on July 23, 2014 at 9:41 AM

Obama’s beta-male personality prevented him from going full Hugo Chavez on the American public, as some of his most radical supporters were hoping he’d do when he took office in 2009. He never does anything openly controversial unless he has a fall-back person to blame, so that’s why he’s limited himself to executive orders.

But rest assured, those same angry backers are vowing that next time they can fool the public into giving Democrats the White House and both branches of Congress at the same time, they’re going to make sure they get a more aggressive president in there who’ll trample on the Constitution the way they feel it should be trampled on.

jon1979 on July 23, 2014 at 9:50 AM

If a company does not offer health care and does not subsidize it employees health costs, it is subject to maximum tax of a few grand per employee.

If a company does not offer health care but tries to subsidize employee costs, it is also subject to an additional $365k per employee fine.

If a company offers health insurance that does not fully meet the mandates of Obamacare, it is subject to Faith Fines that exceed the tax for not offering insurance.

Why is it that the PPACA punishes employers the most who try to help their employees unless they are in full compliance with bureaucratic mandates?

Laurence on July 23, 2014 at 9:54 AM

If they were giving up the executive order forcing government contractors to accept gay marriage would’ve had te religious exemption.

It didn’t. They’re not giving up.

Skywise on July 23, 2014 at 9:55 AM

So thats why there was White Flags on the Brooklyn Bridge
yesterday!
(sarc)

canopfor on July 23, 2014 at 8:48 AM

A relief to know. For a while I feared it had finally been sold…to France.

Barnestormer on July 23, 2014 at 10:06 AM

Shhhhh…..we don’t talk about obamacare around here anymore.

everdiso on July 22, 2014 at 1:27 PM

The Schaef on July 23, 2014 at 10:09 AM

Alinsky in reverse. Now it’s the Regime that is receiving pokes, prods, shoves, and slaps to the face from multiple directions.

ConstantineXI on July 23, 2014 at 8:44 AM

Newtons Third Law of Motion.

It’s Established Science :)

Tsar of Earth on July 23, 2014 at 10:11 AM

baby killers…..their beloved planned parenthood is still killing thousands a day…until the genocide ends, their war on life goes on…

crosshugger on July 23, 2014 at 10:15 AM

Wow. I agree with thuja? That can’t last for long…

22044 on July 23, 2014 at 10:20 AM

These D. A.’s are like the Knight in Monte Python’s Quest for the Holy Grail. The Knight protecting the crossing who would not stop fighting despite having all his limbs cut off. They never stop…NEVER.

DWoDiego on July 23, 2014 at 10:42 AM

canopfor on July 23, 2014 at 8:48 AM

A relief to know. For a while I feared it had finally been sold…to France.

Barnestormer on July 23, 2014 at 10:06 AM

Barnestormer:0

canopfor on July 23, 2014 at 10:44 AM

This claim is so blatantly false. How do the Democrats themselves not laugh at this nonsense?

thuja on July 23, 2014 at 9:05 AM

…they’re bleeding?

JugEarsButtHurt on July 23, 2014 at 10:52 AM

Buy your own fu**ing pills, all of you.

Schadenfreude on July 23, 2014 at 10:57 AM

I’m not surprised. I kind of expected a surrender on the nonprofit side of this 1st Amendment violation after the Hobby Lobby ruling. The so called nonprofit compromise was always too cute by half.

NotCoach on July 23, 2014 at 8:50 AM

Best comment, but still needs more.

Remember, the Little Sisters of the Poor case will be up for oral arguments in, I believe, late September. It probably won’t be decided before the midterms. Nevertheless, Obama does not want Americans watching his administration dumping on the Little Sisters of the Poor during the home stretch to the midterms. With a regulatory fix, it can back off with regard to the nonprofits. I think they could withdraw their appeal where they’ve lost (I think Obama lost with Little Sisters), and they could say the issue is moot with regard to the appeals where they’ve won (I think Obama won with Wheaton College and Notre Dame). Yeah, Obama might have to concede on the religious nonprofits, but it gets the Little Sisters of the Poor out of the media leading up to the election.

And what does that do? Louisiana has a lot of Catholic voters, so it might help Landreiu. Find some other races in states with a lot of Catholic voters. Also, the Little Sisters are based in Colorado. Udall is fighting for his life against Gardner. The problem for Gardner is that he has support for personhood of embryos in his background, which has libs up in arms. That gets muffled if the Colorado press is covering Obama’s war on the Little Sisters based out of Colorado.

If anything we’ve seen, Obama is always “all about” the immediately ensuing election.

BuckeyeSam on July 23, 2014 at 11:02 AM

The Brezhnev doctrine was that once a country went “socialist” that it had to stay “socialist” or get mauled by the bear. By “socialist”, they meant communist.
I think the left is operating under a similar principle that once the government gives out a lollipop, especially to one of the left’s special interest groups, that the government largesse has to be forever.
When the Brezhnev doctrine failed in Poland, that marked the end of Communism (though it has risen like a zombie to shuffle forward in history).
The left has to make a big deal of losing their lollipop or they risk the same failure as the communists. When they can’t or won’t stop the lollipop losses, that will be a signal of their demise (or at least metamorphosis to another state to be propped up for reason of cronyism).

yetanotherjohn on July 23, 2014 at 11:11 AM

You do not mess with the One True Church.

formwiz on July 23, 2014 at 11:12 AM

These people never give up. All of this maneuvering against Christianity is like the Zulu attacks probing weaknesses. The Lawyer in Chief will be back with yet another attempt. Remember when the Fed claimed it would determine who churches would ordain?

Hening on July 23, 2014 at 11:17 AM

This claim is so blatantly false. How do the Democrats themselves not laugh at this nonsense?

thuja on July 23, 2014 at 9:05 AM

Psychopaths lack self-awareness?

bigmacdaddy on July 23, 2014 at 11:22 AM

“Today’s decision jeopardizes the health of women who are employed by these companies,” White House Press Sec. Josh Earnest said.

 
More importantly, did the White House ever track down the person who signed into law the legislation these companies are obeying?

rogerb on July 23, 2014 at 12:03 PM

He added that it the administration would urge members of Congress to plug this new hole in the Affordable Care Act, and that is exactly what they did.

Good luck with that. The piece-of-crap Obamacare has more holes in it than our border with Mexico.

slickwillie2001 on July 23, 2014 at 12:28 PM

The gimcrack, ramshackle edifice of Obamacare is collapsing of its poor, defective construction and the White House’s careless, unskilled and ill-advised repairs.

Esaus Message on July 23, 2014 at 12:49 PM

ZeroCare™ is imploding. Thank God!

dogsoldier on July 23, 2014 at 12:53 PM

Yeah, there is just too much going on now for the administration. Due to their degraded competency, events are saturating the crisis handling capability of Obama and Jarrett. Moving on folks. There are more incompetency demonstrations to reveal.

jake49 on July 23, 2014 at 1:35 PM

“Today’s decision jeopardizes the health of women who are employed by these companies”
White House Press Sec. Josh Earnest

This claim is so blatantly false. How do the Democrats themselves not laugh at this nonsense?

thuja on July 23, 2014 at 9:05 AM

I’ll take a stab at answering….Because it was not said by a Republican?

tanked59 on July 23, 2014 at 2:48 PM