Wednesday, August 26, 2015

Anti-Birth Control Employers Keep Losing In Federal Court, But They’re Still Free To Violate The Law


http://thinkprogress.org/justice/2015/08/25/3694851/anti-birth-control-employers-keep-losing-in-federal-court-but-theyre-still-free-to-violate-the-law/

Maybe Hobby Lobby won’t be as big of a deal as we thought it would be. 
As a matter of legal doctrine, the Supreme Court’s decision in Burwell v. Hobby Lobby was an earthquake, holding that business owners could use their own religious beliefs to limit their employees’ rights. 
As a practical matter, however, its real impact is still up in the air. So far, every single federal appeals court to consider the question has approved current Obama administration birth control rules that accommodate religious objectors while still ensuring that most employees have access to birth control. That includes an opinion by Judge Jerry Smith, one of the most conservative federal judges in the country. 
Yet, despite this winning streak, women who work for the litigants in these cases could be forgiven if they thought that they were the big losers in court. Last month, for example, the United States Court of Appeals for the Tenth Circuit handed down its opinion in a closely watched case, holding that current federal birth control rules do not “substantially burden” religious objectors nor do they “infringe upon their First Amendment rights.” On Friday, however, the Tenth Circuit stayed this order pending the Supreme Court’s final disposition of the case. 
The Hobby Lobby decision itself allowed religious objectors to exempt themselves from federal rules requiring employers to include birth control in employer-provided health plans. Yet it also contained language strongly suggesting that an alternative method of ensuring that workers have access to birth control — where employers fill out a form if they have a religious objection and then the government works separately with the employer’s insurance administrator to provide birth control coverage to employees — would survive Supreme Court review. The Obama administration’s current rules call the Supreme Court on this bluff, implementing the very same accommodation that the Hobby Lobby opinion implied to be legally acceptable.
Four days after Hobby Lobby was handed down, however, a majority of the Court granted temporary relief to a religious college that objected specifically to the fill-out-the-form accommodation in an order that remains in effect today 
(the Court did require the college to give formal notification of its objection to the administration in lieu of the form, but that formal notification could exclude key information that the government needs to implement its policy). In an angry dissent, Justice Sonia Sotomayor all but accused her colleagues of lying in the Hobby Lobby opinion. “Those who are bound by our decisions usually believe they can take us at our word,” Sotomayor wrote. “Not so today.”
it's so clear that the republicans fight against those things that are needed by women mostly in favor of some persons claim of religious beliefs we see those people are general the right wing Christian right and evangelicals who have nothing in the way of religious about them other than their on self proclaimed holier than thou status.  
repeatedly going after something implies that why you are going after it is not the popular argument and becomes insanity after so many tries but 60 times as in ObamaCares that is lunacy at it's best.  
they used to rant keep the gov't from between you and your job then proceed to create bills that go between you your job, boss and finally your spouse guess their lie made them feel they had to triple down to make Pres. look bad with his one fictional wedge when they have 3 fake ones.