Lower federal courts erred in dismissing two colleges’ challenges to the Obama Administration’s contraception mandate, the ACRU argues in an amicus brief filed on Oct. 12 at the U.S. Supreme Court. The brief in Wheaton College and Belmont Abbey College v. Kathleen Sebelius states that:
“Both rulings under review permit expansion of the power of the executive branch far beyond its constitutional limits. Specifically, by dismissing the Colleges’ complaints, the ruling below places in the hands of an executive agency a vast power to strip the court of jurisdiction to review executive regulations.”
The ACRU’s brief notes that the lower courts “erred by conflating principles of standing with those of mootness.” As a result, the rulings place the colleges in “legal limbo” and “deny them a chance to question the constitutionality of the final regulation–all while facing immediate and undeniable harm.”
READ THE AMICUS BRIEF HERE.