Note the ruling reported below.  The judge said the case was filed prematurely and can be refiled later.  She did not rule on whether the Catholic Church would ultimately win or lose.  What the Judge said is that the Catholic Church is challenging the regulations of Obamacare but the regulations have not yet been written so it is too early to challenge them.  In other words, the Catholic Church should re-file its case after the regulations have been written and then the judge will decide the case.

(And some trivia to add to this article below:  I know the Federal Judge who presided over this case but have not seen her for about 20 years.  I know her from her prior life as a Federal Prosecutor and mine as a defense attorney.  I knew her quite well as we daily roamed the courthouse.  Most likely we had criminal cases against each other.) 

Catholic Church Birth-Control Suit Thrown Out by Judge

By Andrew Zajac – Jan 25, 2013


A Catholic Church lawsuit challenging the birth-control mandate in the Obama Administration’s health-care overhaul was thrown out by a federal judge who said it’s too early to hear the dispute.


Regulations governing the provision of birth control in the law are likely to be supplanted by new rules, making it premature to decide the case now, U.S. District Judge Amy Berman Jackson in Washington decided today in a case filed by the Archdiocese of Washington and four other Catholic nonprofit groups.


“If after the new regulations are issued, plaintiffs are still not satisfied, any challenges that they choose to bring will be substantially different from the challenges in the current complaint,” Jackson wrote.


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