Hobby Lobby decision from SCOTUS, Hobby Lobby Wins

Discussion in 'Current Events' started by Hoosier8, Jun 30, 2014.

  1. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    From Scotus Blog live:

    Closely held corporations cannot be required to provide contraception coverage. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    RFRA applies to regulations that govern the activities of closely held for-profit corporations like Conestoga, HL and Mardel. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    The Court says that the government has failed to show that the mandate is the least restrictive means of advancing its interest in guaranteeing cost-free access to birth control. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    Justice Kennedy's concurring opinion says that the government could pay for the coverage itself, so that women receive it. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    Here is a further attempt at qualification: This decision concerns only the contraceptive mandate and should not be understood to mean that all insurance mandates, that is for blood transfusions or vaccinations, necessarily fail if they conflict with an employer's religious beliefs. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    Here is more qualification: It does not provide a shield for employers who might cloak illegal discrimination as a religious practice. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf
     
  2. JIMV

    JIMV Well-Known Member Past Donor

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    Tahuyaman and (deleted member) like this.
  3. Professor Peabody

    Professor Peabody Well-Known Member Past Donor

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    Good for Hobby Lobby for having the courage to stand up for their 1st amendment rights.
     
  4. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    This means home healthcare workers will not be forced to join a union.
     
  5. Yosh Shmenge

    Yosh Shmenge New Member

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    Public unions will no longer be able to "shanghai" workers and press them into service despite the worker's own objections.
    Excellent!
     
  6. JIMV

    JIMV Well-Known Member Past Donor

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    I can see this being applied to other issues like the bakery that refused to serve Gay folk under religious grounds.
     
  7. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    >>>MOD EDIT Quoted Post Deleted<<<

    It is extremely likely that the Obama administration will by regulation provide for the government to pay for the coverage. So it is unlikely that there will be a substantial gap in coverage. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

    Kennedy's opinion emphasizes that in this particular case, a mechanism for accommodating employers is "already in place" so that the majority opinion does not require the Govt to create "a whole new program or burden on the Govt" - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    The Court says that RFRA requires the Govt to provide closely-held corporate objectors the same accommodation it already provides nonprofit organization objectors. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf
     
  8. Margot2

    Margot2 Banned

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    Women's health is now a "burden"? Who are these misogynist clots?
     
  9. Yosh Shmenge

    Yosh Shmenge New Member

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    Cue the screaming and wailing from the zealous left. Why should the government, like the HHS, be able to force someone that owns a business to surrender his closely held rights to follow his religious beliefs?

    Employees wanting abortifacients specifically should know that they are more than welcome to drop by a drug store and pick them up themselves.
     
  10. Margot2

    Margot2 Banned

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    Contraception is now a religious belief for the majority of Americans?
     
  11. JIMV

    JIMV Well-Known Member Past Donor

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    Not just not join, but more important, be forced to pay union dues whether they join or not. This is potentially a very big case. probably far larger than the Hobby Lobby case.
     
  12. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Freedom wins, authoritarian government loses.
     
  13. MolonLabe2009

    MolonLabe2009 Banned

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    Yeeeeeessssss!!!!!!
     
  14. JIMV

    JIMV Well-Known Member Past Donor

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    And those folk can now provide without issue. They just cannot force other folk with differing religious views to do the same.
     
  15. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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  16. Yosh Shmenge

    Yosh Shmenge New Member

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    Read the decision and post number six. You have things so ass backwards here.
     
  17. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    More on the closely held question: We have no occasion in these cases to consider RFRA's applicability to publicly traded corporations . The companies in the cases before us are closely held corporations each owned and controlled by members of a single family and no one has disputed the sincerity of their religious beliefs. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    Link to the decision:

    http://www.supremecourt.gov/opinions/13pdf/13-354_olp1.pdf

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    To be clear: the Court holds that corporations (including for-profit corporations) are "persons" for purposes of RFRA. The additional question was whether corporations can have a religious "belief" within the meaning of RFRA. On that question, the Court limits its holding to closely held corporations, leaving for another day whether larger, publicly traded corporations have religious beliefs. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf
     
  18. MolonLabe2009

    MolonLabe2009 Banned

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    So, Government can force people/companies to buy/provide health insurance, but the government can't force companies to provide birth control.

    What's the difference?

    Aren't these two rulings contradictory?
     
  19. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    Paraphrasing more from Justice Alito's opinion: The dissent is concerned about the possibility of disputes among the owners of a privately held corporation about this coverage. State corporate law provides a ready means for resolving any conflicts by (for example) dictating how a corporation can establish its governing structure, and courts will turn to that structure and the underlying state law in resolving such disputes. - See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_30_2014#sthash.qq3S3lzw.dpuf

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    Healthcare is hardly a religious issue.
     
  20. Woolley

    Woolley Well-Known Member

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    A woman now is slave to her owners. Thou shall conceive harlot! This nation is descending into madness one court decision after another. This decision will ensure that Hillary is indeed going to be the next POTUS. The women of this country cannot allow the courts to hold them in bondage any longer. The next two terms of Hillary will see seats open up. When they get filled, the right wing will be out of power for the next 40 years. There is only so much conservatism laced with bible thumping the nation can endure. This may be the last straw.
     
  21. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    More nonsense.
     
  22. JIMV

    JIMV Well-Known Member Past Donor

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    More like silliness pretending to be serious
     
  23. Smartmouthwoman

    Smartmouthwoman Bless your heart Past Donor

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    Obama slap down #14

    Luv it.
     
  24. JIMV

    JIMV Well-Known Member Past Donor

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    Our friends from the left are pretty quiet today...I guess they are waiting for their Obama talking points before they arrive at spontaneous identical opinions through 'research and logic'.
     
  25. Professor Peabody

    Professor Peabody Well-Known Member Past Donor

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    They just need someone with the time and money to take it all the way to the SCOTUS. I'd donate money to make that happen. There's a reason that religious freedom is in the FIRST Amendment.
     

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