Judge Upholds Healthcare Law

H

Haiku

Makes the ganglia twitch.
This is awesome....Liberty University Law goes down in flames!!!! Woot!!!!

On Friday, Judge Carol Jackson, a George H.W. Bush appointee to a federal court in Missouri, rejected a Catholic business owner’s challenge to the Obama Administration’s rules requiring employer health plans to cover birth control. Like the many copycat lawsuits asserting similar legal claims, the plaintiffs in this suit argued that the birth control rules substantially burden their faith by requiring them to pay for employee health benefits which might then in turn be used to pay for birth control. As Judge Jackson’s opinions explains, however, this argument proves too much:

The burden of which plaintiffs complain is that funds, which plaintiffs will contribute to a group health plan, might, after a series of independent decisions by health care providers and patients covered by [an employer's health] plan, subsidize someone else’s participation in an activity that is condemned by plaintiffs’ religion. . . . [Federal religious freedom law] is a shield, not a sword. It protects individuals from substantial burdens on religious exercise that occur when the government coerces action one’s religion forbids, or forbids action one’s religion requires; it is not a means to force one’s religious practices upon others. [It] does not protect against the slight burden on religious exercise that arises when one’s money circuitously flows to support the conduct of other free-exercise-wielding individuals who hold religious beliefs that differ from one’s own. . . .

[T]he health care plan will offend plaintiffs’ religious beliefs only if an [] employee (or covered family member) makes an independent decision to use the plan to cover counseling related to or the purchase of contraceptives. Already, [plaintiffs] pay salaries to their employees—money the employees may use to purchase contraceptives or to contribute to a religious organization. By comparison, the contribution to a health care plan has no more than a de minimus impact on the plaintiff’s religious beliefs than paying salaries and other benefits to employees.
Click to expand...
A key insight in this opinion is that salaries and health insurance can be used to buy birth control, so if religious employers really object to enabling their employees to buy birth control, they would have to not pay them money in addition to denying them comprehensive health insurance. An employer cannot assert a religious objection to how their employees choose to use their own benefits or their own money, because religious freedom is not a license to “force one’s religious practices upon others.”

Significantly, Jackson did not simply reject the plaintiffs’ claim that the birth control rules violate the Constitution’s Free Exercise Clause, a weak legal argument that conflicts with a 1990 Supreme Court decision written by conservative Justice Scalia, she also rejects the plaintiffs’ much stronger claim that the rules violate a federal law known as the Religious Freedom Restoration Act (RFRA). RFRA gives religious objectors significant, although not entirely insurmountable, rights against laws they do not wish to follow for religious reasons. So Jackson’s opinion rejects the strongest possible legal argument against the Obama Administration’s contraception rules.

Notably, Jackson’s view was, at least until recently, not particularly controversial. Eight years ago, the California Supreme Court rejected a very similar challenge to a state law protecting access to birth control. Five of the court’s six Republican justices voted to uphold the law. The sole justice who voted to strike down the law, future federal judge Janice Rogers Brown, once compared liberalism to “slavery” and Social Security to a “socialist revolution.”

http://thinkprogress.org/justice/20...yers-challenge-to-birth-control-access-rules/
Click to expand...
 
Catholic Business Owner.

Under the law, you have to choose which status you want.

Catholic or Business Owner.

No one is forcing him to wear a rubber.
 
I don't think so...they get a benefit by providing the insurance. What's their problem other than trying to impose their will on others? Not very American of them.
 
Most of the people in this country want healthcare reform...this is just the beginning of that. It will be the GOP's attitude toward people that fails, has failed and will continue to fail.
 
Haiku said:
Most of the people in this country want healthcare reform...this is just the beginning of that. It will be the GOP's attitude toward people that fails, has failed and will continue to fail.
Click to expand...

Most of the people in this country don't like Obamacare.

A prescription for pain killers. Is that what you want? Most Americans don't.

And I can't wait for people like you to be forced to do things you don't like.

I can't wait for the elections.
 
Liberty said:
Looks like Obama is going to lose a lot of the catholic vote.
Click to expand...

Honestly, I don't think so. This sums it up:

"Professors Krom and Foss point their students to "Faithful Citizenship," a document on political decision-making from the U.S. Conference of Catholic Bishops. But that document itself has been blasted by some liberal Catholics for giving highest priority to opposing abortion and by some conservative Catholics for also insisting that concerns of the poor, immigrants and the environment can't be dismissed.


"There isn't any one Catholic party," Mr. Krom said. "Each party holds some positions that are incompatible with the Catholic approach to politics."

 
Liberty said:
Most of the people in this country don't like Obamacare.

A prescription for pain killers. Is that what you want? Most Americans don't.

And I can't wait for people like you to be forced to do things you don't like.

I can't wait for the elections.
Click to expand...

Most don't understand it, most unfortunate. The more policies that kick in, the more people like it. Yesterday the policy that if a patient is re admitted to the hospital within 30 days, the hospital gets fined. I think this will improve care and follow up care and save millions!
 
christiefan915 said:
Honestly, I don't think so. This sums it up:

"Professors Krom and Foss point their students to "Faithful Citizenship," a document on political decision-making from the U.S. Conference of Catholic Bishops. But that document itself has been blasted by some liberal Catholics for giving highest priority to opposing abortion and by some conservative Catholics for also insisting that concerns of the poor, immigrants and the environment can't be dismissed.


"There isn't any one Catholic party," Mr. Krom said. "Each party holds some positions that are incompatible with the Catholic approach to politics."

Click to expand...

In my opinion, Obama is losing a certain % of his voters. He can't afford this.
 
Rana said:
I doubt it. Most women sitting in the pews use birth control and it isnt the rhythm method!
Click to expand...

They can get birth control without Obamacare.

I still think Obama's losing voters. We'll no in a little over a month from now.
 
Rana said:
Most don't understand it, most unfortunate. The more policies that kick in, the more people like it. Yesterday the policy that if a patient is re admitted to the hospital within 30 days, the hospital gets fined. I think this will improve care and follow up care and save millions!
Click to expand...

What logic.....you must already believe that hospital care in the US is less than the best.....
the logical outcome will be more death due to people not being re-admitted to get the care they require and/or the cost of care increasing even higher to
offset the fines that hospitals can't and won't endure....
Can't you use your own brain for anything but parroting more nonsense...?
 
Rana said:
Most don't understand it, most unfortunate. The more policies that kick in, the more people like it. Yesterday the policy that if a patient is re admitted to the hospital within 30 days, the hospital gets fined. I think this will improve care and follow up care and save millions!
Click to expand...

He had a chance to do something really good, but all he did was piss off a lot of Americans. I don't like Romney, (my vote is for Gary Johnson) but Obama's an in your face, piss a bunch of people off idiot.

The real poll (Election Day) will show if I'm right, or wrong.
 
Liberty said:
He had a chance to do something really good, but all he did was piss off a lot of Americans. I don't like Romney, (my vote is for Gary Johnson) but Obama's an in your face, piss a bunch of people off idiot.

The real poll (Election Day) will show if I'm right, or wrong.
Click to expand...

And your vote for Johnson will help re-elect him.....ever hear the old adage about cutting off your own nose to spite you face ?
 
bravo said:
What logic.....you must already believe that hospital care in the US is less than the best.....
the logical outcome will be more death due to people not being re-admitted to get the care they require and/or the cost of care increasing even higher to
offset the fines that hospitals can't and won't endure....
Can't you use your own brain for anything but parroting more nonsense...?
Click to expand...

I listen to my daughter, not the news on the Affordable Healthcare Act, she is one of the few people I know who has read the entire thing. She knows her stuff, and she deals with the elderly and Medicare, and she says the follow up care has already improved! She also says this will improve all care at hospitals and lower costs to the tax payers!

You obviously know little about infections and hospital care.
 
Rana said:
Most don't understand it, most unfortunate. The more policies that kick in, the more people like it. Yesterday the policy that if a patient is re admitted to the hospital within 30 days, the hospital gets fined. I think this will improve care and follow up care and save millions!
Click to expand...

How do you feel about having to get a prescription for Tylenol?
 
You must log in or register to reply here.
Back
Top