The Supreme Court announced that it plans to hear arguments regarding the Affordable Care Act’s mandate requiring all health insurance policies to cover contraception and reproductive services without co-pays.
The mandate has been challenged by two business owners, one of which is the now infamous Hobby Lobby, an arts and crafts retailer with a nationwide chain of 500 locations. David Green, Hobby Lobby’s owner, believes the requirement violates his Christian beliefs.
So now it’ll be up to Justice Kennedy who will yet again serve as the tie-breaker in an inevitable five-to-four decision.
What’ll happen if the Court (Justice Kennedy) decides in favor of Hobby Lobby and against the law?
Quoting a former presidential candidate whose name I forget: “Corporations are people, my friend.” Thanks again to Justice Kennedy for helping to reinforce that one, too, by the way. Regardless of what I personally believe, yes, corporations are considered persons with, following Citizens United, constitutionally protected speech rights. With a decision in support of Hobby Lobby, corporations might suddenly enjoy religious protections, too.
And this is precisely why the Court will decide against the ACA. It’s already established First Amendment rights for corporations. Justice Scalia’s concurring opinion in Citizens United was all about the First Amendment’s intent and history. If the Court decides against Hobby Lobby, it will have extended only one clause of the First Amendment to corporations, while denying other First Amendment rights. It wouldn’t surprise me if this was the prevailing logic in the case.
I suppose it’s too late to make this case, but it seems as if the most effective way religious people can exercise their objection to contraception is to not use it. We all pay for things we don’t like. Sorry, it’s part of living in a, you know, society… [CONTINUE READING]