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SCOTUS takes ACA ‘contraception mandate’ cases

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The U.S. Supreme Court on Tuesday agreed to hear two cases that could determine whether companies that provide health insurance to employees can be required under the new health care law to provide coverage for birth control.

Justices conferenced over several related cases and granted a writ of certiorari in Kathleen Sebelius, et al. v. Hobby Lobby Stores, Inc., et al., 13-354, and in Conestoga Wood Specialties Corp. v. Sebelius, 13-356. The cases will be heard in the spring.

Federal Circuit courts have split on the question of whether the mandate violates the religious liberties of company owners whose faith proscribes birth control.

The 7th Circuit Court of Appeals added to the division nationwide recently, when it ruled in favor of an Indiana company, Grote Industries of Madison, whose Roman Catholic owners objected to the Patient Protection and Affordable Care Act’s requirement that employer-sponsored health insurance plans cover birth control.

Indiana University law professors said in a statement the cases will have far-reaching implications beyond the health care law commonly referred to as Obamacare.

“Nearly three dozen lawsuits have been filed by various businesses whose owners challenge the contraception mandate on religious grounds,” said Daniel Conkle, a law professor at the IU Maurer School of Law. “These cases raise fundamental questions about the scope of religious liberty, including the right of religious objectors to special legal accommodation, even in the commercial sphere.”

“There’s a dramatic split among the U.S. circuit courts regarding the contraceptive coverage provisions, represented by these two cases,” said IU Maurer School of Law professor Dawn Johnsen. “The Supreme Court has to resolve this split. I would expect that the court will be closely divided, and it’s very difficult to predict precisely how the justices will rule.”

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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