President Trump’s executive order on religious liberty may have been good for a photo-op – but that’s about the extent of it.
Ben Shapiro calls the EO “milquetoast hogwash.” David A. French at National Review recommends that he “tear it up, not start over, and do the actual real statutory and regulatory work that truly protects religious liberty.”
What’s the problem? French explains ~
(T)he order has three main components: 1) a promise to “protect and vigorously promote religious liberty,” 2) a directive to “ease restrictions on political activity by churches and charities,” and 3) an order to “federal agencies to exempt some religious organizations from Affordable Care Act requirements that provide employees with health coverage for contraception.”
Those directives are respectively 1) meaningless, 2) dangerous, and 3) meaningless.
1.) The first component is a nice sentiment but, it doesn’t do anything “vigorously,” and it doesn’t “protect” anything at all.
2.) Regarding the second part, an executive order cannot repeal a statute, and legal restrictions on political activity by churches are statutory. (The Johnson Amendment prohibits non-profit organizations from participating in, or intervening in a political campaign.)
3.) The last component is far too vague; Just as executive orders can’t overturn statutes, they also can’t overturn regulations, and the contraception mandate is on the regulatory books.
French offers some helpful advice for the Trump regime if they’re truly interested in shoring up the First Amendment ~
The administration can right now begin the rulemaking process to change the contraception mandate. Congress can right now begin the lawmaking process to repeal the Johnson Amendment. Congress can right now work to pass statutes that protect free speech and rights of conscience. That’s the real work of government. Anything else is fluff, a symbol at best.
Or an advantageous photo-op.
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Related:
New EO on religious liberty takes aim at HHS, Johnson amendment
How Should We Respond to the President’s Executive Order on Religious Liberty?
