National overview
What kind of bullies harass nuns?
Getting involved in litigation with nuns is usually not something that someone wants in their resume. However, this is a rule of thumb that does not apply to California Attorney General Xavier Becerra, who went to great lengths to direct an release for the Little Sisters of the Poor. His case is still pending in the courts, even after it was punished by the U.S. Supreme Court last year. Becerra, Joe Biden’s choice as secretary of health and human services, chose to pursue this case, though it is utterly meritorious; even if, if successful, it would punish nuns who merely want to carry out their calling to care for the needy elderly; and although only ideological zealots who are not tolerant of moral views as their own can derive any pleasure from it. There will be plenty of material that Becerra’s opponents can work with on Tuesday during his confirmation hearing, but this lawsuit should disqualify him on his own. It is an act of performative illiberalism that must be rejected by all benevolent people who want to live in a society where nuns – who practice their faith – can help the defenseless without the federal government harassing them to deepen their deep faith. transgress. . The roots of the Becerra litigation, of course, lie in the contraceptive mandate imposed by Barack Obama’s HHS as part of Obamacare in 2011. HHS only granted a narrow exemption to the mandate, one that does not include the Little Sisters of the Poor. The Little Sisters sought a broader release and then relief in the courts, with the indispensable Becket Fund for Religious Liberty providing representation. Under threats of devastating fines, the sisters received emergency protection from the Supreme Court in late 2013 and a more lasting order a month later, but they lost in the lower courts. The so-called accommodation offered by the Obama administration involved the nuns signing a form in which moral objections to the cover appeared, which would then be included in the organization’s health plan anyway. In a unanimous decision of May 2016, the Supreme Court overturned the rulings against the nuns in the lower court, saying the government could find a better arrangement. When Donald Trump was elected, his government decided to issue a more complete exemption. This resolved the matter at the end of 2017 with a rule that the sisters are no longer forced to take part in a scheme that they consider immoral, while granting proviso under Title X to anyone who may be missing it. . And there, after five years of litigation up and down in the court system, the case should have stayed with a resolution that did no harm to anyone. But Xavier Becerra had different ideas. How radical is his litigation? Let’s count the ways. First, Becerra sued after the nuns had already been through the wringer and promised, a bit like the ground dog seeing his shadow, another few years of the process. Second, the HHS release has nothing to do with California. Obamacare is not a law in California, and HHS is not a California agency. There is no harm to California if the federal government decides that they should grant an exemption to the nuns. Indeed, it is probably unprecedented for one sovereign jurisdiction to sue to prevent another sovereign jurisdiction from changing its own rules to protect religious freedom. In short, it’s crazy. Third, what Becerra seeks is a crushing burden for the nuns. If they do not sign an arrangement that they believe violates their faith, Becerra wants them, in accordance with the Obama mandate, to be subject to daily fines that would amount to tens of millions of dollars annually. And remember, these are not ‘corporate polluters’, they are not insiders but also not technical giants; it is an order of nuns founded by a saint who begged in 18th century France so that she could do her charitable work. Fourth, there is no merit in his suit. There was no reason to think that a mandate created by an executive agency could also create no exclusion by an executive agency. Moreover, there was never a credible allegation of any harm – Becerra did not find one alleged victim, not one real woman, who was prevented from obtaining contraception due to the religious beliefs of the Little Sisters. It is telling that the Supreme Court, at a time when it is not easy to get seven votes, ruled against this latest attack on religious freedom last year 7–2 (the vehicle was a companion case for California driven by Pennsylvania brought). Nevertheless, Becerra did not abandon his trial, which is still ongoing, on procedural grounds. It’s a shame. But it is up to the fans of the Little Sisters to have a loving attitude and make the possibility of redemption possible. All we have to ask is that Becerra abandon his litigation, apologize to the Little Sisters, withdraw his nomination, stay in California – and try to do better.