Wednesday, February 1, 2017
Hobby Lobby at SCOTUS: Behind the Decision
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Today's Supreme Court handed .
Down when his much-anticipated decisions that the term this is a case involving challenge Hobby Lobby presented to you a provision in the Affordable Care Act they require that employers.
Cover contraception for their female employees.
The Hobby Lobby store as well as counsel would I.
Are family on and these families profess that their.
I'm religious police are permeate through their their businesses the challenge the birth control mandate under the Religious Freedom Restoration Act 1993.
Religious Freedom Restoration Act prohibits the government from any.
Regulations that substantially burden religious please also issue in the case is a question for the corporation can even make a religious freedom claim.
The government when they argued the case before the court said the corporation in fact don't have.
The kind religious freedom claimed the individuals can have and therefore they said that the company's at issue in this case don't even have standing.
That is that they can't make this kind claims in court so what are the court decide today as a 5-4 decision along we've come to see as predictable conservative-liberal divide.
Just as leader is pinning from a jury a core.
Held that the requirement that closely held corporations I need to provide contraception under the Affordable Care Act was a violation Religious Freedom Restoration Act he limited this holding too which the IRS is defined as a corporation which the majority of stocks.
Are owned by five or fewer individuals.
Having made that claim that concluded that the claim on was a valid one because I love the government.
Did have a substantial interest that is pursuing this case which is.
Insurance covers including preventive insurance for women which include.
Contraception that they were not pursuing the least restrictive means toward this end and therefore there were alternatives available just like they had exceptions for non-profit corporation nonprofit religious groups.
And he said that the existence these alternative showed that this particular regulation cannot survive a challenge in the Religious Freedom Restoration Act.
Justice ginsburg the primary descent in for the core inner Senshi criticized me while she said it was a startling breadth and the jury's opinion she said that the exemptions that the majority seem to you allowing the Religious Freedom Restoration Act might have and term implications for laws going well beyond.
Contraception insurance coverage requirement justice ginsburg turns the tables.
She says that the real victims in this case in essence are not necessarily.
The owners these companies but the women who no longer have access to these very important forms.
A birth control because the company inertia which is please to what are the implications for the Hobby Lobby case a foresees important know it at the Hobby Lobby case at least according to juries rash now there are some pretty specific limitations placed upon the region this opinion.
To see debate in this case between a descent her saying that the indication this could be drastic.
And the majority are trying to say that no the the facts in this case.
Are the hole in its case is going to be tied quite closely to the facts in this case but a question we need to look to you is future litigation could surely this decision is going to spot you litigation by other companies.
Maybe challenging I'm provision brother Care Act.
Be on Jess the contraception mandate.
And perhaps even looking at challenge regulations outside Affordable Care Act so this decision.
Tees up future litigation are currently in the court is divided.
Over whether what the implications this might be there's also the question about what the impact of this decision is going in the.
On women in their access to contraception.
And this too is a point to be between the dissent in the majority.
The descent insisted that there's going to be a significant impact for people who are trying to get access I to you health insurance to include.
Contraception that the majority opinion.
K cut off access for certain segment the population the majority on argue that know that there are a few were alternative methods that Congress could then respond by providing coverage for people who are no longer covered by their companies.
This is what they do when you have not properly Jer religious organizations the Corps said the congress critters Bama doing the same.
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