In a letter to fellow Catholic bishops this weekend, Cardinal Dolan of New York hinted at a coming lawsuit:
Perhaps the courts offer the most light. In the recent Hosanna-Tabor ruling, the Supreme Court unanimously defended the right of a Church to define its own ministry and services, a dramatic rebuff to the administration, apparently unheeded by the White House. Thus, our bishops’ conference, many individual religious entities, and other people of good will are working with some top-notch law firms who feel so strongly about this that they will represent us pro-bono. In the upcoming days, you will hear much more about this encouraging and welcome development.
Of working with the White House, he writes:
the President invited us to “work out the wrinkles.” We have accepted that invitation. Unfortunately, this seems to be stalled: the White House Press Secretary, for instance, informed the nation that the mandates are a fait accompli (and, embarrassingly for him, commented that we bishops have always opposed Health Care anyway, a charge that is scurrilous and insulting, not to mention flat out wrong. Bishop Blaire did a fine job of setting the record straight.) The White House already notified Congress that the dreaded mandates are now published in the Federal Registry “without change.” The Secretary of HHS is widely quoted as saying, “Religious insurance companies don’t really design the plans they sell based on their own religious tenets.” That doesn’t bode well for their getting a truly acceptable “accommodation.”
At a recent meeting between staff of the bishops’ conference and the White House staff, our staff members asked directly whether the broader concerns of religious freedom—that is, revisiting the straight-jacketing mandates, or broadening the maligned exemption—are all off the table. They were informed that they are. So much for “working out the wrinkles.” Instead, they advised the bishops’ conference that we should listen to the “enlightened” voices of accommodation, such as the recent, hardly surprising yet terribly unfortunate editorial in America. The White House seems to think we bishops simply do not know or understand Catholic teaching and so, taking a cue from its own definition of religious freedom, now has nominated its own handpicked official Catholic teachers.
We will continue to accept invitations to meet with and to voice our concerns to anyone of any party, for this is hardly partisan, who is willing to correct the infringements on religious freedom that we are now under. But as we do so, we cannot rely on off the record promises of fixes without deadlines and without assurances of proposals that will concretely address the concerns in a manner that does not conflict with our principles and teaching.
He adds:
religious freedom is our heritage, our legacy and our firm belief, both as loyal Catholics and Americans. There have been many threats to religious freedom over the decades and years, but these often came from without. This one sadly comes from within. As our ancestors did with previous threats, we will tirelessly defend the timeless and enduring truth of religious freedom.