Where is the compromise?

[Quantum Windbag]

It seems Obama is blowing smoke even more than I thought. Not only is the "compromise" not actually a compromise, it does not even exist because HHS finalized the rule on the contraception mandate the same day Obama claimed it was changing.

The Obama Administration’s January announcement it would not exempt most religious employers from the so-called “contraception mandate” sparked substantial controversy. The policy infuriated many religious groups, including some that have been otherwise supportive of the Administration’s health care reform efforts. In response to public pressure, last Friday the Administration announced a compromise designed to assuage the concerns of some religious groups. Yet this has not yet put the matter to rest. Some groups find the compromise inadequate, characterizing it as a fig-leaf or subterfuge. They might be right, but the truth is we don’t yet know, because the details of the compromise have yet to be drafted, let alone finalized. In fact, on the same day the President announced the compromise, the Department of Health and Human Services (HHS) went ahead and finalized the rule as originally proposed. So for now, the compromise is nothing more than a vague assurance of changes to come.
Here’s some background. Under the Patient Protection and Affordable Care Act, employers are required to provide baseline coverage for preventative care as part of the health insurance plans they provide, and the federal government gets to decide what must be covered. Pursuant to this authority, and based on the recommendation of the Institute of Medicine, HHS concluded that this baseline coverage should include all forms of FDA-approved contraception, including some that are capable of acting as abortifacents. Such coverage is important for women, HHS concluded, and can actually help reduce overall health costs.
Recognizing that some religious groups are staunchly opposed to contraception – and that the First Amendment’s free exercise clause provides some protection for religious institutions against government mandates – HHS proposed a narrow exemption. As explained by HHS Secretary Kathleen Sebelius in January, this exemption would be limited to those religious employers that are primarily focused on the inculcation of religious values and primarily serve and employ those of the same religious faith. In other words, houses of worship are exempt, as are those religious institutions that exclude non-believers. All other religious employers, including schools, hospitals, universities, charities, and welfare organizations that serve the general public, would have to comply or pay fines of approximately $2,000 per employee. The only way to avoid the mandate would be for these institutions to segregate themselves from society at large, confining their services and employment to members of their own faith, or shutting down altogether.

The Volokh Conspiracy » Where

 

[Baruch Menachem]

I don't remember anyone predicting this. If anyone had, they would have been laughed down as a nut job by both sides.

 

[Remodeling Maidiac]

The compromise is sitting in the back of the bus.