Tens of millions of people are exempt from the Mandate, under exemptions for grandfathered health plans, small businesses, and “religious employers” like the Diocesan plaintiffs here. Millions of women thus will not receive contraceptive coverage without cost-sharing through the Mandate. Having granted so many exemptions already, the Government cannot show a compelling interest in denying one to these plaintiffs.
Monday, December 23, 2013
Interesting when his own "The law is what I say it is" bites him in the ass
Cogan forcefully rejected three key Obama defenses of the mandate. First, on the government's claim that there was a compelling interest in uniform enforcement of the contraception mandate, Cogan wrote: