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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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

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  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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