Monday, June 30, 2014

5-4: Hobby Lobby Wins: Can't be forced to pay for abortifacients

5-4: SUPREMES CHIP AWAY AT OBAMACARE - AP
The Supreme Court says corporations can hold religious objections that allow them to opt out of the new health law requirement that they cover contraceptives for women....

Two years ago, Chief Justice John Roberts cast the pivotal vote that saved the health care law in the midst of Obama's campaign for re-election.

On Monday, dealing with a small sliver of the law, Roberts sided with the four justices who would have struck down the law in its entirety.

Justice Samuel Alito wrote the majority opinion. The court's four liberal justices dissented.
ROBERTS REGRETS: CAN'T MAKE EMPLOYERS COVER CONTRACEPTION 0 ABC
Alito wrote that “RFRA applies to regulations that govern the activities of closely held for profit corporations like Conestoga and Hobby Lobby” and the “The HHS contraceptive mandate substantially burdens the exercise of religion."

“The Government has failed to show that the contraceptive mandate is the least restrict means of furthering that interest," according to the majority opinion.
OPT OUT! - Politico
The ruling deals with only a small provision of Obamacare and will not take down the entire law, but it amounts to a huge black eye for Obamacare and its backers. The justices have given Obamacare opponents their most significant political victory against the health care law, reinforcing their argument that the law and President Barack Obama are encroaching on Americans’ freedoms.
Supreme Court Chooses Religious Freedom Over Obamacare in Benchmark Hobby Lobby Case - IJ Review
This decision strikes a blow for the Obama Administration’s signature legislation, taking away a significant portion of the mandate.

Hobby Lobby argued that the requirement was in direct violation to the 1993 Religious Freedom Restoration Act, which prevents the government from substantially burdening a person’s exercise of religion.

This is the first time the Court has ruled in favor of a for-profit company presenting a case to defend religious freedom.
Hobby Lobby Wins - RedState
Open thread: SCOTUSocalypse Monday with Hobby Lobby, Harris v Quinn; Update: Harris first, unions lose 5-4; Update: Hobby Lobby wins, 5-4 - HotAir
SCOTUS Strikes A Blow Against The Contraception Mandate - Daily Caller
Nearly 60 amicus briefs were filed alongside the Hobby Lobby case. According to SCOTUSblog, the decision covers only contraception and does not affect a corporation’s freedom to deny other medical products or services on religious grounds, like vaccinations or blood transfusions.
Yes Justice Kagan, We Have Rights - Tom Del Beccaro/Forbes
Supreme Court kills Obamacare birth control mandate in Hobby Lobby case - Sean Lengell/Washington Examiner
The Affordable Care Act provides for a range of free preventive care, including 20 forms of contraception. But the Christian families who separately own the companies say that forcing them to insure certain forms of contraception violates their First Amendment freedom of religion.

Both companies said they were amenable to providing most of the mandated forms of contraception. But they oppose emergency contraceptives like the morning-after pill, arguing that life begins at conception and that destroying an already fertilized egg in the uterus is tantamount to abortion.

The Oklahoma City-based Hobby Lobby, founded by the Green family in 1972, also opposes two intrauterine devices (IUDs) that may prevent implantation of a fertilized egg.

SCOTUS rules against Obamacare and for religious freedom in Hobby Lobby - neoneocon
The Supreme Court — in Hobby Lobby — upholds religious exemptions to Obamacare. - Althouse
I need to spend more time with the opinion, but for now, I'll say that it may be harder for the government to figure out which for-profit corporations warrant the accommodation, but that's the consequence of Congress's own statute RFRA, so it's a problem of the government's own making, not a compelling interest itself to be served by denying religious accommodations. RFRA itself is a monument to the government's lack of interest in avoiding the trouble of figuring out things like this
Supreme Court sides with Hobby Lobby in landmark religious freedom case - Twitchy

‘I Feel Sick’: Liberal Pundits React to SCOTUS Hobby Lobby Ruling - Mediaite
Everything You Need to Know About the Hobby Lobby Supreme Court Case - Mediaite
LIVE: SCOTUSBLOG