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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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