++ Rights out the gate Ruth Bader Ginsberg questioned the standing of the individual plaintiff claiming they have not been hurt by Obamacare because they quality for Medicare. The plaintiffs' lawyer explained that no court had ever asked about standing. Ginsberg said this court has to.
++Then we were off to the races. Chief Justice Roberts kept quiet the whole day but Justice Kennedy raised the question that a finding for the plaintiff would raise complicated constitutional questions.
++Judge Scalia said that Congress could fix the law but Vermeil, the Administration's lawyer, said, "this Congress?"
++There is no Plan B by the Administration if the court rules against subsidies for the Obamacare enrollees and although the Republicans claim trey have a plan, it is varied and dispersed.
++I still say that the Chevron precedent and others court rulings about the full interpretation of a law, not just three words, seals the case for Obamacare. But given the way this case was chosen by the Supreme Court, I realize that legal logic and precedents might go out the window for a political ruling against President Obama.
Showing posts with label Ruth Bader Ginsberg. Show all posts
Showing posts with label Ruth Bader Ginsberg. Show all posts
Wednesday, March 4, 2015
Monday, June 30, 2014
SCOTUS VERSUS UTERUS
++Igor Volsky at Think Progress envisions a case where women employees of Hobby Lobby sue the company for discrimination over contraceptive coverage.
++Rude Pundit offers his own Rude opinions on Hobby Lobby. It's worth a read. Rude Pundit notices the language I did about what the ruling doesn't include and how that was the "tell" that the majority don't believe a word there are saying. They just want to get even with the Uteri.
++Mother Jones writes that Hobby Lobby through their pension funds invest in companies developing emergency contraceptives--in short those they claim they have religious objections to.
++Hobby Lobby covered all forms of contraception in their insurance plans already before they had filed their lawsuit. It was only when the Affordable Care Act came along that they decided to object.
++Ruth Bader Ginsberg in her blistering dissent focused on the issue of women's health. The majority opinion never mentioned women, only religious freedom.
++Closely held companies are actually a larger number than you think, employing 52% of Americans. However,it is unlikely that all of them would invoke religious beliefs to deprive their employees of contraceptive coverage. Also many are fewer than 50 employees and therefore do not face a mandatory health insurance obligation.
++One of the reasons for mandatory contraception coverage is to make women and men equal in the ACA. Previously women paid higher premiums for health insurance. Another fact is that over 50% of women use contraceptives for reasons other than reproductive issues.
++The Philadelphia papers covered the Mennonites, which were the only ones who have any real religious beliefs in this case.
++Rude Pundit offers his own Rude opinions on Hobby Lobby. It's worth a read. Rude Pundit notices the language I did about what the ruling doesn't include and how that was the "tell" that the majority don't believe a word there are saying. They just want to get even with the Uteri.
++Mother Jones writes that Hobby Lobby through their pension funds invest in companies developing emergency contraceptives--in short those they claim they have religious objections to.
++Hobby Lobby covered all forms of contraception in their insurance plans already before they had filed their lawsuit. It was only when the Affordable Care Act came along that they decided to object.
++Ruth Bader Ginsberg in her blistering dissent focused on the issue of women's health. The majority opinion never mentioned women, only religious freedom.
++Closely held companies are actually a larger number than you think, employing 52% of Americans. However,it is unlikely that all of them would invoke religious beliefs to deprive their employees of contraceptive coverage. Also many are fewer than 50 employees and therefore do not face a mandatory health insurance obligation.
++One of the reasons for mandatory contraception coverage is to make women and men equal in the ACA. Previously women paid higher premiums for health insurance. Another fact is that over 50% of women use contraceptives for reasons other than reproductive issues.
++The Philadelphia papers covered the Mennonites, which were the only ones who have any real religious beliefs in this case.
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