Democratic Underground Latest Greatest Lobby Journals Search Options Help Login

Supreme Court to hear challenge to Obamacare: contraceptive coverage

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
Home » Discuss » General Discussion Donate to DU
No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-26-13 11:40 PM
Original message
Supreme Court to hear challenge to Obamacare: contraceptive coverage
Edited on Wed Nov-27-13 12:38 AM by No Elephants
Do employers who/that have religious objections to providing health insurance that covers contraception, as Obamacare requires?

I cannnot even begin to guess what the Supremes will do with this one.


Because of a lot of sloppy reporting, the public got the general impression that the SCOTUS "upheld Obamacare." No, that is not what the Court did.

So far, the only things that the Court has even been asked to decide about the massive Obamacare law have been the individual mandate and the Medicaid expansion and, now the contraceptive provision. The only case decided so far held that the individual mandate was constitutional and attempting to "encourage" states to expand Medicaid by withholding all Medicaid funds absent expansion was unconstitutional. So, so far, the SCOTUS has upheld only the individual mandate, IMO, the very worst part of Obamacare.

In the same decision as they upheld the individual mandate, they struck down "encouraging" states to expand Medicaid by cutting off all federal Medicaid funds unless the state chose expansion. (Worst SCOTUS decision since the New Deal strike downs, IMO. Maybe worst SCOTUS decision ever.) /


Offhand, I cannot recall a decision that prevents feds from using federal aid to states as Congress chooses, although I am not familiar with the facts of all the cases of the New Deal era, before FDR threatened to increase the size of the Court. The ones that I do know about involved pure regulation, not the spending power, but I can't say none of them involved the spending power.

The issue I have with the contraception case that the SCOTUS recently agreed to hear: I have no objection, nor should I, to anyone living his or her life as he or she believes his or her interpretation of the Bible requires. So, if any employer does not choose to use contraceptives, cool.

I do have a problem, though, when people seek to impose their personal interpretation of the Bible (or that of their pastor) on everyone else, even though the Bible does not require that. That seems to me to be a lot less about religion and a lot more about trumped up self-righteousness, power plays and control freakishness. AFAIK, nothing in the bible requires employers to prevent their employees from using contraceptives.

What will five Catholic justices, one self-described conservative Jewish Justice (Kagan) and two (so far) pro-choice Jews decide about contraception? Will they interpret Griswold v. Connecticut (1965) broadly? Or will they strike down the contraceptive coverage provision on free exercise grounds? Will the frickin' individual mandate be the only part of Obamacare that the Justices care to uphold?

I have no clue.

Refresh | +1 Recommendations Printer Friendly | Permalink | Reply | Top
Enthusiast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-27-13 06:32 AM
Response to Original message
1. This court always does the wrong thing.
Extrapolate. When they don't do the wrong thing it now comes as a shock. It is a mostly right wing ideological court steeped in corruption. This birth control issue serves as a tool for the right, a tool used to elect more right wing ideologues.
Printer Friendly | Permalink | Reply | Top
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Fri Sep 22nd 2017, 07:15 PM
Response to Original message
Advertisements [?]

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC