How The HHS Mandate Is Just Like Groundhog Day

The mandate is announced. The administration admits it will burden religion, so it announces very narrow exception for some houses of worship. Those that serve the poor of any faith are going to be excluded.

Turns out that narrow exception is going to be a problem. Time for the first “Temporary Enforcement Safe Harbor,” exempting religious non-profits for at least 18 months.

Narrow exemption: still narrow. Administration admits that its original exemption was too narrow, and proposes an “accommodation” for religious non-profits.

Turns out the "Safe Harbor" is too narrow, too. The Administration admits, in response to a lawsuit by Wheaton College, that the “Safe Harbor” was too narrow, and so it broadens the Safe Harbor to include organizations like Wheaton.

Remember that narrow exception? Administration admits that the exemption for houses of worship is too narrow, so decides it might extend it to groups that serve and hire people of all faiths.

Temporary Enforcement Harbor, Part 2: Administration admits that the mandate is still burdening religious organizations, and so it extends the Safe Harbor for another six months (now totaling two years).

The narrow exception gets a little broader. Administration admits that the exception for houses of worship is too narrow, extends it to some groups that serve and hire people of all faiths, and creates an “accommodation” for other religious organizations.

About that accommodation...Administration admits, after Supreme Court losses in Hobby Lobby, Little Sisters of the Poor, and Wheaton, that the current accommodation needs to be changed, and so it says that it will issue new regulations to “augment” it.