Obamacare Just Took A Big Shot From The Supreme Court
Apr 29, 2015 14:58:35 GMT -5
Post by schwartzie on Apr 29, 2015 14:58:35 GMT -5
Obamacare Just Took A Big Shot From The Supreme Court
Randy DeSoto April 29, 2015 at 11:44am
For the sixth time in a row, the Supreme Court took action to protect religious groups from being forced to comply with Affordable Care Act’s contraception mandate.
On Monday, the court ordered the Cincinnati-based 6th Circuit Court of Appeals to rehear the Michigan Catholic Conference case in light of the Supreme Court’s ruling last summer in favor of Hobby Lobby.
In June of 2014, the 6th Circuit Court ruled against the Michigan Catholic Conference and another catholic group based in Tennessee, stating that the Department of Health and Human Services’ (HHS) “accommodation” adequately addresses the religious liberty objections these groups have to providing contraceptives.
As reported by Western Journalism last month, the accommodation rule requires religious institutions to notify HHS or their insurer of their objection to the contraception mandate. After their objection is certified by HHS, the health care insurer must then pay for the mandated coverage.
The Michigan Catholic Conference objected to the mandate and the accommodation on the grounds that the health care plans their institutions are required to provide are still the means used to furnish abortion-inducing drugs and other contraceptives, whether the institutions pay directly for that specific portion of the coverage or indirectly (through higher premiums, etc.).
These groups further argue that in order for them to follow the certification process required by HHS for the accommodation, they are still, in effect, giving the insurer the green light to provide the means to take a human life.
Mark Rienzi, Senior Counsel of the Becket Fund for Religious Liberty, said, “The government keeps making the same bad arguments and the Supreme Court keeps rejecting them – every single time. This is because the government can obviously come up with ways to distribute contraceptives without the forced involvement of Catholic ministries.” The Becket Fund filed an amicus brief in the case.
“As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. And it makes it less likely that lower courts will accept arguments the Supreme Court has rejected over and over and over again,” Rienzi added.
As noted by the Becket Fund, the five previous times that the Supreme Court granted relief to religious objectors to the mandate include: Little Sisters of the Poor (December 2013 and January 2014); Hobby Lobby (June 2014); Wheaton College (July 2014); University of Notre Dame (March 2015); and Archbishop Zubik and the Diocese of Pittsburgh (April 2015).
link
Randy DeSoto April 29, 2015 at 11:44am
For the sixth time in a row, the Supreme Court took action to protect religious groups from being forced to comply with Affordable Care Act’s contraception mandate.
On Monday, the court ordered the Cincinnati-based 6th Circuit Court of Appeals to rehear the Michigan Catholic Conference case in light of the Supreme Court’s ruling last summer in favor of Hobby Lobby.
In June of 2014, the 6th Circuit Court ruled against the Michigan Catholic Conference and another catholic group based in Tennessee, stating that the Department of Health and Human Services’ (HHS) “accommodation” adequately addresses the religious liberty objections these groups have to providing contraceptives.
As reported by Western Journalism last month, the accommodation rule requires religious institutions to notify HHS or their insurer of their objection to the contraception mandate. After their objection is certified by HHS, the health care insurer must then pay for the mandated coverage.
The Michigan Catholic Conference objected to the mandate and the accommodation on the grounds that the health care plans their institutions are required to provide are still the means used to furnish abortion-inducing drugs and other contraceptives, whether the institutions pay directly for that specific portion of the coverage or indirectly (through higher premiums, etc.).
These groups further argue that in order for them to follow the certification process required by HHS for the accommodation, they are still, in effect, giving the insurer the green light to provide the means to take a human life.
Mark Rienzi, Senior Counsel of the Becket Fund for Religious Liberty, said, “The government keeps making the same bad arguments and the Supreme Court keeps rejecting them – every single time. This is because the government can obviously come up with ways to distribute contraceptives without the forced involvement of Catholic ministries.” The Becket Fund filed an amicus brief in the case.
“As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. And it makes it less likely that lower courts will accept arguments the Supreme Court has rejected over and over and over again,” Rienzi added.
As noted by the Becket Fund, the five previous times that the Supreme Court granted relief to religious objectors to the mandate include: Little Sisters of the Poor (December 2013 and January 2014); Hobby Lobby (June 2014); Wheaton College (July 2014); University of Notre Dame (March 2015); and Archbishop Zubik and the Diocese of Pittsburgh (April 2015).
link
