In Liberty Fund's new blog Michael Greve points out how powerful and efficient bureaucracies can be when they have determined leaders. The issue here is HHS rules requiring religious organizations to provide contraception coverage in their employee health plans. In sum:
Follow the progression: first comes a statutory text of sufficient ambiguity ["Obamacare"] to keep the Catholic Health Association, representing Catholic hospitals, on board in support of the ACA. (Now that it's been had, one hopes the association has learned its lesson.) Then comes an administrative creep forward and a de facto delegation to a private organization of known disposition, whose perceived authority and expertise provide cover for the bureaucracy. Then comes the wholesale, underhanded adoption of the interim rule.