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What Is (and Isn't) at Stake for Obamacare in the Hobby Lobby Case
the National Journal.com ^ | 6/24/2014 | Sam Baker

Posted on 06/28/2014 8:46:36 PM PDT by Beave Meister

The Supreme Court won't strike down Obamacare's contraception mandate, but a ruling for the law's challengers could still render the policy toothless for millions of women.

The justices are set to rule any day now in a challenge to the birth-control mandate, and any decision against the policy would have ripple effects far beyond the two companies that filed this lawsuit. Just how far, however, depends on how broadly the Court rules—and it has plenty of options.

No matter what happens, the Court won't strike down the entire mandate. The two companies that brought their challenge to the Supreme Court—Hobby Lobby and Conestoga Wood Specialties—haven't asked the justices to ax the entire policy.

The most sweeping option is a broad First Amendment proclamation that all corporations have a fundamental right to exercise religion, in this case by refusing to cover birth control in their employees' health care plans. This outcome would be almost a sequel to the Citizens United case on campaign finance laws and free speech. It would probably open the door for any company to challenge a slew of state or federal regulations, and would allow any corporation to avoid the contraception mandate—potentially affecting millions of women.

(Excerpt) Read more at nationaljournal.com ...


TOPICS: Chit/Chat
KEYWORDS: abortion; aca; birthcontrol; hobbylobby; johnroberts; liberals; obama; obamacare; pill; prolife; scotus; thepill
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To: hoosiermama; All

SCOTUS for We The People, or AGAINST We The People, you can easily get OUT of 0bamacare by choosing one of the following options:

https://www.healthcare.gov/exemptions/

Hardship exemptions

If you have any of the circumstances below that affect your ability to purchase health insurance coverage, you may qualify for a “hardship” exemption:

You were homeless.

You were evicted in the past 6 months or were facing eviction or foreclosure.

You received a shut-off notice from a utility company.

You recently experienced domestic violence.

You recently experienced the death of a close family member.

You experienced a fire, flood, or other natural or human-caused disaster that caused substantial damage to your property.

You filed for bankruptcy in the last 6 months.

You had medical expenses you couldn’t pay in the last 24 months which resulted in substantial debt.

You experienced unexpected increases in necessary expenses due to caring for an ill, disabled, or aging family member.

You expect to claim a child as a tax dependent who’s been denied coverage in Medicaid and CHIP, and another person is required by court order to give medical support to the child. In this case, you do not have the pay the penalty for the child.

As a result of an eligibility appeals decision, you’re eligible for enrollment in a qualified health plan (QHP) through the Marketplace, lower costs on your monthly premiums, or cost-sharing reductions for a time period when you weren’t enrolled in a QHP through the Marketplace.

You were determined ineligible for Medicaid because your state didn’t expand eligibility for Medicaid under the Affordable Care Act.

Your individual insurance plan was cancelled and you believe other Marketplace plans are unaffordable.

You experienced another hardship in obtaining health insurance.

I guess I need to stop paying my bills or burn down my house and/or have Beau smack the cr@p out of me on a regular basis, and I’m free and clear!

SERIOUSLY? Am I the last remaining SANE PERSON in America? YEESH!


21 posted on 06/29/2014 5:36:15 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
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To: Beave Meister

Ping to #21.


22 posted on 06/29/2014 5:37:00 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
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To: Beave Meister
It would probably open the door for any company to challenge a slew of state or federal regulations, and would allow any corporation to avoid the contraception mandate—potentially affecting millions of women.

Contraception would still be available and it would still be legal for women to use it. If they choose to do so, they might have to pay for it themselves. Not exactly a death blow to freedom, is it?

23 posted on 06/29/2014 6:53:50 AM PDT by centurion316
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To: BuckeyeTexan

Legally


24 posted on 06/29/2014 9:59:23 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: hoosiermama

First answer: The Amish are exempt through Obamacare itself and not by an Executive Order or an HHS waiver. The ACA exempts any denomination that runs its own mutual aid system to spread the cost of healthcare across their community, provided that the denomination existed prior to 1950. The Amish also do not pay into or collect from Social Security.


25 posted on 06/29/2014 10:43:26 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: hoosiermama
Second answer:

Muslims are not exempt from Obamacare by Executive Order or an HHS waiver.

They also do not appear to be exempt, as the Amish are, under the ACA law itself.

Islam has continuously existed since before 1950. So, theoretically, if a Muslim sect could demonstrate that it meets both of the requirements listed above, the sect would qualify for a religious exemption. We shall see if any Muslims file for such when the law goes into effect in 2014.
26 posted on 06/29/2014 12:34:55 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Beave Meister

isn’t obamacare doomed under the origination clause? what is the current status of that challenge?


27 posted on 06/29/2014 2:37:54 PM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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To: BuckeyeTexan

Thank you very much. The term was new to me.


28 posted on 06/29/2014 2:55:13 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: dsc

That’s because we totally made it up. :)


29 posted on 06/29/2014 4:34:28 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Viennacon

FLAHS ALERT:

HOBBY LOBBY WINS !!!!!!!!!!!!!!!!!!!!!!!!!!


30 posted on 06/30/2014 7:20:11 AM PDT by KeyLargo
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To: Beave Meister

And my prediction was wrong. The corporate citizen continues to have rights! I’m shocked. Guess the next test will be the second.


31 posted on 06/30/2014 8:35:55 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: KeyLargo

YES!


32 posted on 06/30/2014 12:12:42 PM PDT by Viennacon (Rebuke the Repuke!)
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