Judge Cogan completely rejected Obama's argument, calling the administration's punitive steps against the religious institutions an "actual and well-founded fear" that is "looming and certain" much like "a speeding train that is coming towards plaintiffs."
He chided the administration as having had ample time to address the institutions' concerns already. And then Judge Cogan let forth with this:
"The First Amendment does not require citizens to accept assurances from the government that, if the government later determines it has made a misstep, it will take ameliorative action.
"There is no, 'Trust us, changes are coming' clause in the Constitution.
"To the contrary, the Bill of Rights itself, and the First Amendment in particular, reflect a degree of skepticism towards governmental self-restraint and self-correction."
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