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Human101948

(3,457 posts)
Fri Nov 6, 2015, 02:48 PM Nov 2015

Supreme Court accepts challenge to health law’s contraceptive mandate

Source: Washington Post

The Supreme Court on Friday agreed to hear another challenge to the Affordable Care Act, this time to decide whether religiously affiliated organizations such as universities, hospitals and charities should be free from playing any role in providing employees with contraceptive coverage.

The case pits questions of religious liberty against a woman’s right to equal health care access, and it is the fourth time in five years the court will consider some aspect of what has come to be known as Obamacare.

[Ruling sets up another challenge to contraceptive mandate]

The Obama administration says it has provided the organizations with an easy way to opt out of the legal requirement that employers include contraceptives as part of health insurance coverage. Employers who object must file their religious objections and let insurance companies and the government take over from there.

But the groups say even that step would implicate them in what they sincerely believe to be a sin, adding that they face ruinous fines if they refuse to comply. They want to be included under the blanket exclusion from providing the coverage that the government has already extended to churches and solely religious groups.

Read more: https://www.washingtonpost.com/politics/courts_law/supreme-court-accepts-challenge-to-health-laws-contraceptive-mandate/2015/11/06/5556d6da-8400-11e5-8ba6-cec48b74b2a7_story.html?wpisrc=al_alert-COMBO-politics%252Bnation

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Supreme Court accepts challenge to health law’s contraceptive mandate (Original Post) Human101948 Nov 2015 OP
Chip, chip, chip away at the law until there's nothing left for women. lark Nov 2015 #1
It's likely that if the plaintiff could dictate the terms of everyone's policies, 24601 Nov 2015 #17
This is a chance for the Supreme Court to stand for equality. yallerdawg Nov 2015 #2
You seem to think the Scalia 5 Kelvin Mace Nov 2015 #9
Obama should issue an executive order... Jerry442 Nov 2015 #3
Fuck these religious assholes. blackspade Nov 2015 #4
Yes, you're so right wolfie001 Nov 2015 #10
+ 1,000,000 davidpdx Nov 2015 #18
If a Democrat wins the White House, the insanity of the republican leadership can be swept away patsimp Nov 2015 #5
Unlikely Kelvin Mace Nov 2015 #8
What are you talking about? yallerdawg Nov 2015 #13
the idiotic two - patsimp Nov 2015 #14
Obama's picks were when Kelvin Mace Nov 2015 #15
Fuckin' oligarchs on SCOTUS. They hate people, especially women. nt valerief Nov 2015 #6
Well, here we go again Kelvin Mace Nov 2015 #7
The local Democratic Lawyer group had a briefing on this from Planned Parenthood yesterday Gothmog Nov 2015 #11
It's a private medical matter houston16revival Nov 2015 #12
By This Argument RobinA Nov 2015 #16

lark

(23,147 posts)
1. Chip, chip, chip away at the law until there's nothing left for women.
Fri Nov 6, 2015, 03:00 PM
Nov 2015

That's their plan. They don't want ANYONE to be able to have coverage for contraception, much less contraception for free. MISOGYNISTS!!!!!

24601

(3,962 posts)
17. It's likely that if the plaintiff could dictate the terms of everyone's policies,
Fri Nov 6, 2015, 05:19 PM
Nov 2015

contraception for women would not be on the list, just is it already provides nothing for men. However, what they will settle for are opt-out provisions applying only to the policies they provide to their employees.

In the Hobby Lobby case, plaintiff objected to some of the mandated contraceptive methods, the ones that effectively terminate a pregnancy rather than prevent one. Hobby Lobby filed no objections to methods that prevented conception.

Given that there is not just legal precedent, but that the precedent is very recent, the court most likely will overturn the administration's mandate because there are no shortage of ways the government can provide contraceptive coverage directly, without involving the plaintiff. That would meet legal requirements for finding a solution that is least restrictive as required by the 1993 Religious Freedom Restoration Act.

yallerdawg

(16,104 posts)
2. This is a chance for the Supreme Court to stand for equality.
Fri Nov 6, 2015, 03:04 PM
Nov 2015

If women are treated differently because of religious beliefs, then the Supreme Court is stipulating religion supersedes our human rights and long held values that government and any religion are separate.

If a religion subjugates women to some kind of 'breeder' or second-class status, then for the Supreme Court to rule religion can justify inequality of benefits, we are rolling back gains in progressive liberal Democratic values!

We have to have a line!

 

Kelvin Mace

(17,469 posts)
9. You seem to think the Scalia 5
Fri Nov 6, 2015, 03:19 PM
Nov 2015

have a problem with that point of view.

They don't. See the Hobby Lobby decision.

Jerry442

(1,265 posts)
3. Obama should issue an executive order...
Fri Nov 6, 2015, 03:05 PM
Nov 2015

...saying that all providers of health care coverage will cover contraception. Full stop. All religious based protests will be carefully recorded in a book and anyone who comes to D.C. can go to HHS and read them as much as they want.

blackspade

(10,056 posts)
4. Fuck these religious assholes.
Fri Nov 6, 2015, 03:10 PM
Nov 2015

When their scam hurts women's health, they deserve no exemptions.
In fact they should be taxed like every other business.

wolfie001

(2,264 posts)
10. Yes, you're so right
Fri Nov 6, 2015, 03:19 PM
Nov 2015

Their "conscience".....they couldn't give a shit. Fuck'em, they should self-immolate to prove how much they care.

patsimp

(915 posts)
5. If a Democrat wins the White House, the insanity of the republican leadership can be swept away
Fri Nov 6, 2015, 03:11 PM
Nov 2015

with new Supreme Court appointees that are objective and not partisan hacks.

 

Kelvin Mace

(17,469 posts)
8. Unlikely
Fri Nov 6, 2015, 03:18 PM
Nov 2015

No matter which Dem wins, the Crazies in the Senate will filibuster any nominee proposed. And if the Dem appoints one acceptable to the Crazies, they will be a Thomas/Scalia clone.

The SCOTUS is lost. It was lost in 1992 when the Dems allowed Thomas to have Marshall's seat. The loss was strengthened when they refused to filibuster Alito and Roberts.

yallerdawg

(16,104 posts)
13. What are you talking about?
Fri Nov 6, 2015, 03:41 PM
Nov 2015

Sotomayor and Kagan (Obama), Breyer and Ginsburg (Clinton)?

We just have to get smart and stop losing the White House every 8 years!

patsimp

(915 posts)
14. the idiotic two -
Fri Nov 6, 2015, 03:53 PM
Nov 2015

Thomas and scalia should be going away in the next 9 years.

Kennedy, not as bad, should also be leaving.

The next 2 terms will be able to shape the supreme court for decades to come.

Let's not lose the Presidency in the next cycle. Bernie, Hillary, either are fine by me.

 

Kelvin Mace

(17,469 posts)
15. Obama's picks were when
Fri Nov 6, 2015, 03:57 PM
Nov 2015

confirmed when the Dems controlled the Senate and a few sane Republicans were still in office. The same was true for Breyer and Ginsburg.

That is not the case now. While we may regain the Senate, we will not have a filibuster proof majority and the Crazies rule the GOP. Any senator who votes for a Dem SCOTUS pick will be primaried the next election.

Gothmog

(145,489 posts)
11. The local Democratic Lawyer group had a briefing on this from Planned Parenthood yesterday
Fri Nov 6, 2015, 03:25 PM
Nov 2015

The DOJ asked for the SCOTUS to review this case. 7 different federal Court of Appeals ruled in favor of the Obama administration position and the Eight Circuit was the only ciruit to rule with the Hobby Lobby folks. The seven other circuits wrote well reasoned opinion and the Eight Circuit opinion was poorly written and not clear as to why it ruled this way

houston16revival

(953 posts)
12. It's a private medical matter
Fri Nov 6, 2015, 03:34 PM
Nov 2015

I can't understand why employers that perceive contraception as sin have any worry about their
employees actually using such coverage - after all they screen vigorously, no?
And all think alike, and support one another in their beliefs. If you don't believe in
it, don't use it. This is still about boundaries, just like the Kim Davis case.

We can't just start vivisecting the whole legal code into parts that offend this religion or that religion,
and litigating, and getting exceptions for this and that. It's complicated, expensive, and unnecessary.

RobinA

(9,894 posts)
16. By This Argument
Fri Nov 6, 2015, 05:07 PM
Nov 2015

the very act of paying a woman who then uses that money to buy contraception implicates the employer. After all, isn't why one would boycott a business? You don't like what they do with your money?

Next thing - employers delving into your credit card statements to make sure they approve of how you spend your money.

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