Did the Obama Administration just outsmart the Supreme Court?
This is a question that many of us will differ on
but let me lay it out basing it on the many different decisions made by the
majority on the Supreme Court and you can make up your own mind.
In case many of you think that I might want to make
up these things, I am going to use the information provided by the article
titled “Obama Administration Calls the Supreme Court’s Bluff
In Hobby Lobby” written by Ian
Millhiser for ThinkProgress.
In this manner, you still may not believe but at least you will have
plenty of other choices to find out more to better inform your decision,
perhaps. Let’s start at nearly the
beginning.
, “For most
of the last year, the Supreme Court has forced the Obama Administration into an
elaborate dance, where the Court hands down orders casting doubt upon the
administration’s efforts to ensure that all women have access to affordable
birth control — while simultaneously implying that everything would be fine if
the administration just designed their birth control policy a different way. Religious
non-profits who object to birth control could exempt themselves from the
requirement to offer contraceptive care to their employees by filling out a
specific form that informs the government of their objection, and sending a
copy of the form to their insurance provider or administrator. These non-profit rules spawned one round of
litigation brought by religious non-profit organizations which claim that even
being required to fill out a short form violates their religious liberty.’ “Prior
to the Supreme Court’s June decision in Burwell v. Hobby Lobby, which
significantly reworked the balance of power between employers and employees,
the law was clear that for-profit businesses could not invoke their owners’
religious beliefs to exempt themselves from their legal obligations to their
workers. “When followers of a particular sect enter into commercial activity as
a matter of choice,” the Court held in its 1982 decision in United States v.
Lee. Hobby Lobby, of course, was the
culmination of a second round of litigation brought by for-profit employers
whose owners have religious objections to birth control. And it effectively
eliminated the protections Lee extended to workers, at least with respect to
federal law. The Hobby Lobby opinion
granted many for-profit employers a religious exemption from the birth control
rules, but it also strongly implied that everything would be fine if the Obama
Administration had only applied the same regime it applies to non-profit
employers to for-profit employers as well. That is, all would be good if,
instead of requiring Hobby Lobby to offer birth control coverage directly,
Hobby Lobby should instead fill out a form and send a copy of it to their
insurer, and then that insurer would provide coverage to Hobby Lobby’s workers. Only a few days later, however, the Court
handed down another order suggesting that the fill-out-a-form solution wasn't actually a solution at all. In Wheaton College v. Burwell, the justices granted a Christian college a temporary exemption from the requirement than they fill
out the form — once again holding that the college could simply “inform the
Secretary of Health and Human Services in writing” that they wish to invoke the
exemption.” “According to the Wall
Street Journal, the new regulations provide that “institutions would have to
tell the federal government which company administers their health-insurance
plan, and the government would then contact that administrator to ask it to
arrange contraception coverage for the institution’s employees. The
administrator would likely turn to a traditional insurance company to fund the
benefits, and the insurance company would later be reimbursed by the federal
government.”
Now here is the question, with these new regulations
being put out by the Obama Administration, seemingly to answer all of the
issues posed by those non-profit and for-profit companies who claim “religious
liberty”, what will the majority on the Supreme Court do now? After the decision by this court was made
known and televised all over this nation, many people thought the Obama Administration
would just roll over but come Friday, they should learn that this
administration never rolls over. It make
just have beaten all those who think that women cannot think for themselves or
make their own decisions and those who think differently than they do not
deserve a voice nor do we deserve a say in how our government is ran, even
those who sits on the highest court in the land.
This action may also send us another well-deserved
lesson about this administration, in that if there is a will, there is always a
way. Anytime you think that they are
beaten, they only re-group and come back stronger. The only thing we need to do now is make sure
that when it comes to the type of government we want, make sure that the Obama
Administration feels as strongly on this as we do. I love the fact that there is a never say die
attitude among those within the White House now and that they take the time to
carefully think, plan and coordinate before their secondary actions. For years, America has been dying for a
president who will consider all options before choosing and not just shoot from
the hip, now that we have one, why are no more people working with him? For all those who think that all presidents
are easy to rattle, control and bully, you might have just picked on the wrong
one.
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