I, for 1 am pleasantly surprised with this Supreme Court decision involving Hobby Lobby and contraception.
From Fox News:
The Supreme Court ruled Monday that certain "closely held" for-profit businesses can cite religious objections in order to opt out of a requirement in ObamaCare to provide free contraceptive coverage for their employees.
The 5-4 decision, in favor of arts and crafts chain Hobby Lobby and one other company, marks the first time the court has ruled that for-profit businesses can cite religious views under federal law. It also is a blow to a provision of the Affordable Care Act which President Obama's supporters touted heavily during the 2012 presidential campaign.
"Today is a great day for religious liberty," Adele Keim, counsel at The Becket Fund for Religious Liberty which represented Hobby Lobby, told Fox News.
Justice Samuel Alito wrote the majority opinion in the ObamaCare case, finding the contraceptive mandate in its current form "unlawful." The court's four liberal justices dissented.
The court stressed that its ruling applies only to corporations that are under the control of just a few people in which there is no essential difference between the business and its owners.
But Alito held that in the case before the court, the religious objections cited were legally legitimate, under a law that bars the government from taking action in certain cases that "substantially burdens" freedom of religion. He noted that fines for one company could total $475 million per year if they did not comply with the ObamaCare rule.
"If these consequences do not amount to a substantial burden, it is hard to see what would," Alito wrote. http://www.foxnews.com/politics/2014/06/30/supreme-court-hobby-lobby/
I am surprised at this ruling because I thought the Justices would say that this will open up a can of worms, allowing companies to opt out of laws they disagree with. For instance, if a company or individual was against the war in Afghanistan refused to pay taxes or fees or a Cliven Bundy refusing to pay income taxes because he hates the federal government.
I wonder if John Roberts regrets his vote for ObamaCare a few years ago and now will vote against every time it comes to the Supreme Court.
But I am watching CNN now and their talking heads are now exploding right on TV.
Hobby Lobby provides contraceptive coverage to woman with 16 of the 20 FDA approved preventative contraceptives. They have a problem with 4 which they claim cause abortions. So Hobby Lobby is providing 16 forms of birth control for woman. The news is too politicized to report this issue correctly.
ReplyDeleteAviana, the weird part is: "They have a problem with the 4 which THEY CLAIM cause abortions." Hobby Lobby isn't a church, nor are they medical professionals. In addition to my very basic problems with religious exemptions to laws (indeed, an enormous can of worms, Dan), is my problem with Hobby Lobby getting to believe whatever they want (in contradiction to science) and still have that belief protected. It's a topsy-turvy world.
ReplyDeleteWould you have been happier, James, if the ruling went against Hobby Lobby causing them to close all of their stores and put a whole lot of people out of work?
ReplyDeleteNo, that wouldn't make me happy, why would it? But why would they be forced out of business if they lost? They had been previously covering those very same birth control devices PRIOR to the ObamaCare mandate. Not to mention using Chinese goods (where abortion is in some cases mandated), AND investing their pension plans in the very same contraceptives.
ReplyDeleteI don't think this really had anything to do with religion.
Background on why Hobby Lobby dropped coverage:
ReplyDeletehttp://www.politifact.com/punditfact/statements/2014/jul/01/sally-kohn/did-hobby-lobby-once-provide-birth-control-coverag/
Hobby Lobby covers (today) 16 out of 20 FDA approved birth control drugs. So women do have birth control available to them. By the way, the Restoration Freedom Law which caused this problem was enacted by Bill Clinton.
ReplyDeleteAviana, did you not see that SCOTUS clarified, and this covers the entire category of birth control, and that there are over 80 companies set to take advantage of the ruling?
DeleteAnd yes, the problematic law WAS enacted by Bill Clinton, I'm aware of that. No way, no how do I agree with everything every Democrat has ever done. No issue with you there!
A solution and one that I agree with as a woman.
ReplyDeletehttp://www.bloombergview.com/articles/2012-03-09/take-birth-control-battle-over-the-counter-commentary-by-virginia-postrel
Sounds good to me.
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