Comments on: Cardinal Dolan on the HHS Mandate Decision http://www.firstthings.com/blogs/firstthoughts/2012/12/12/cardinal-dolan-on-the-hhs-mandate-decision/ A First Things Blog Wed, 22 May 2013 18:37:27 +0000 hourly 1 http://wordpress.org/?v=3.5.1 By: Marc DeGirolami http://www.firstthings.com/blogs/firstthoughts/2012/12/12/cardinal-dolan-on-the-hhs-mandate-decision/comment-page-1/#comment-83408 Marc DeGirolami Thu, 13 Dec 2012 11:11:43 +0000 http://www.firstthings.com/blogs/firstthoughts/?p=53049#comment-83408 The above commenter is not correct. The case was before the court on a 12(b)(1) motion to dismiss for lack of standing, and that is what the case focuses on. The standing hurdle was substantial, as previous courts to address the issue with similarly situated plaintiffs had dismissed the case. It is true that a decision on standing in no way affects a decision on the merits. But this was an important decision nevertheless.

I describe the decision in some detail here: http://mirrorofjustice.blogs.com/mirrorofjustice/2012/12/an-important-mandate-decision-edny-holds-standing-and-ripeness-satisfied.html

]]> By: joe mc..Faul http://www.firstthings.com/blogs/firstthoughts/2012/12/12/cardinal-dolan-on-the-hhs-mandate-decision/comment-page-1/#comment-83321 joe mc..Faul Wed, 12 Dec 2012 22:33:22 +0000 http://www.firstthings.com/blogs/firstthoughts/?p=53049#comment-83321 I suspect this ruling is the court’s ruling in some of the plaintiffs’ favor on the government’s 12(b)(6) motion. It’s preliminary and the plaintiffs’ burden was relatively light. Even so, apparently some of the plaintiffs were unsucessful.

I wouldn’t forecast the outcome of the entire case from this motion. All that can be said is that some of the plaintiffs have filed a properly pleaded lawsuit.

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