Motley Moose – Archive

From Bernie’s Buzz:

Senate Republicans on Wednesday blocked a bill that would have protected women’s right to make their own health care decisions. In the 56-43 vote – four short of the 60 needed – only three Republicans supported this basic protection for women.

Although the vast majority of American women use birth control at some point in their lives, many women without insurance could not afford the method that would work best for them. The Affordable Care Act guaranteed that health insurance would fully cover the cost of contraception. A recent Supreme Court decision took back that guarantee, telling women they could only be covered if their bosses said it was ok.

“The court was wrong and the Senate Republicans are wrong,” Sen. Bernie Sanders said. “Bosses should not be able to impose their religious beliefs on their employees. Bosses should not be able to deny insurance-covered birth control to their female employees. Women should make their own health care decisions, not their employers.

“At a time when tens of millions of women use birth control, there is no valid reason to restrict a woman’s access to safe, widely-used preventive services simply because her employer does not approve of what should be her private medical decisions.”

The Protect Women’s Health from Corporate Interference Act would have ensured that employers cannot interfere in their employees’ decisions about contraception or other health services.

Today the Supreme Court will hear arguments in the Sebelius v Hobby Lobby Stores case, a matter that may decide whether of not the religious beliefs of the shareholders of a corporation allow the corporation itself protection from the provisions of federal statutes.

Hobby Lobby is a for-profit corporation, employing over 16,000 people, which is claiming an Affordable Care Act exemption that protects religious organizations from having to provide contraception as part of its employer-based health insurance plan.

The laws of incorporation are generally in place to protect the shareholders from personal liability and in this case, the Green family is seeking to claw back their personal right to impose their religious beliefs on their employees while leaving the other protections of incorporation intact.

The hearing will start at 10am Eastern and will include 2 hours of arguments, expanded from the normal 90 minutes.

The lawyer for Hobby Lobby is Paul D. Clement and the lawyer for the United States government is Solicitor General Donald B. Verrilli, Jr. Over 2 dozen briefs have been filed in support of the government’s position and over 5 dozen in support of Hobby Lobby and the other party, Conestoga Wood Specialties. Two additional briefs were filed that take no side but which discuss the constitutional issues involved.

UPDATE: Transcript  13-354. Sebelius v. Hobby Lobby Stores, Inc. (PDF)

From Lyle Denniston at the SCOTUSblog:

For the first time since the broad new federal health care law partially survived its most sweeping constitutional challenge in the Supreme Court nearly two years ago, the Affordable Care Act comes up for a new test before the Justices.  This time, the Court will be examining whether the government may enforce against private businesses owned by religiously devout owners the requirement that employee health plans provide no-cost coverage for women’s pregnancy-related services, including birth control.

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