This has driven Progressives to their typical barking moonbat level 10 status
(The Hill) The Obama administration faces a tough task in convincing the Supreme Court to rule in favor of ObamaCare’s contraception mandate, according to legal experts.
They say Chief Justice John Roberts’s court, which upheld the health law in a landmark 2012 decision, has generally set a high bar for limiting religious rights.
In addition, Justice Anthony Kennedy, often the court’s swing vote, authored a 1993 decision that exempted a religious group from following laws it said were contradictory with its beliefs.
The Supreme Court announced on Tuesday that it would consider the case, possibly in its spring term.
While Hobby Lobby and other businesses opposed to the mandate don’t have a slam dunk case, experts said it will be tough to convince the court that the federal government can order businesses to pay for contraception coverage that goes against their owners’ religious beliefs.
Many news outlets are framing this in terms of Citizens United and “corporate personhood”, but that has nothing to do with the issue
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The 1st is about what Congress cannot do. It restricts them. Nowhere is any difference made between citizens, groups, and companies.
https://twitter.com/WilliamTeach/status/405416642097594368
That’s an important point: if Team Obama loses this suit, it will not harm the “Affordable” Care Act in the least. Nowhere in the ACA is there a mandate for contraception, sterilization, nor abortifacients. These mandates were part of the rule making process, as the ACA gave the head of Health and Human Services enormous power and latitude to craft how the law works. If Hobby Lobby et al win the case, all this will mean will be that the rule has to be rolled back to not include any who have a religious objection, if not see the rule tossed completely. I’m going to place my bet and say that SCOTUS determines the former.
Teach, you may be right.
What I fear is that if your view wins, then it will be the gov’t who decides who can express their religious viewpoint in their business, and who can’t. Who has a verifiable religion. They will have to fill out paperwork and request the exemption.
As we’ve seen with the IRS and conservative organizations, I’m sure that this will be a fair and impartial process. …. (cough)