We posted last week on Judge Cogan’s ruling against the HHS in the case of the Archdiocese of New York. I missed one of the more cogent comments by the judge, and it’s too good to not share.
The DOJ argued that the plaintiffs’ cases should be dismissed, because the government had promised to change the rule, and provide an accommodation to religious employers. Judge Cogan wrote:
There is no, ‘Trust us, changes are coming’ clause in the Constitution. To the contrary, the Bill of Rights itself, and the First Amendment in particular, reflect a degree of skepticism towards governmental self-restraint and self-correction.
Well said, Judge Cogan! Unfortunately, other judges in similar cases have ruled that, since the government promised to think about changes to the mandate, the plaintiffs have no case.