Skip to comments.Why Obama Wants the Contraception Mandate to Go to the Supreme Court
Posted on 03/14/2012 11:34:27 PM PDT by Cincinatus' Wife
..... Once it finally arrives there, it will be argued as a First Amendment issue. But it will not be argued as you think -- as a freedom of religion issue; no, it will be argued by the government as a freedom of speech issue, under a constitutional theory of "First Amendment neutrality," and arguing against the idea of "content-based underinclusion."
Put simply, content-based underinclusion is a term signifying that the government (at any level) has entered into the social arena and has picked winners and losers based on their content. It can be practiced through punitive legislation -- imposing fines or penalties upon the individual or group -- or it can be practiced through subsidiary legislation -- granting awards or incentives to an individual or group. A very simplified example of the former, being applicable to the First Amendment, would be punishing or criminalizing the public display of any nudity -- unless the depiction is female. Conversely, an equally simplified example of the latter would be subsidizing all displays of nudity -- unless the depiction is female.
The former suppresses expression, but "under-includes" nude females, based on content, and therefore does not suppress all expression (though it could); the latter incentivizes expression, but, again "under-includes" nude females, based on content, and therefore does not subsidize all expression in this category.
But how in the world does, or can, this apply to contraception?
In order to understand the argument, we must first frame the question with imperative premises.
It is thus that excluding funding for contraception, which emphasizes its competitors, constitutes abridging the freedom of speech among some, and promoting the speech of others.
Think this argument is far-fetched? The author of this theory is none other than Justice Elena Kagan.....
(Excerpt) Read more at americanthinker.com ...
Doesn’t matter.. The 0bama regime would ignore the SCOTUS anyway if it ruled against 0bamacare. You can take THAT to the bank.
That's pretty much right...it doesn't. The only thing to stop him is this election...and even with that his tentacles reach even to the IMF.....but what's happenign to our nation isn't just Obama....the entire globalist agenda is pulling ropes everywhere..he's just the one co-operating , with a title, in our nation....it's the whole dang Washington powerhouse that's been hyjacked.
Yes you are correct.
The Obama admin is “ignoring” the SCOTUS in regards to Photo Ids for voting.
Handing a PINK SLIP to 0bama probably won’t stop America’s demise but it’ll slow it a bit. The GOP really needs to emphasize that this election is about ridding America of the REGIME, not just 0bama.
True, let’s call the DOJ! Oh wait.. The globalists have filled that position too. WHERE IS OUR CONGRESS? HAVE THEY OVERDOSED ON SEDATIVES OR SOMETHING?
The underlying premise of Kagan’s argument is that pregnancy is an evil, a disruption. So they are reading into the Constitution a basic tenant of feminism that women must be free to engage in sexual intercourse with no more risk than man suffer. Never mind that femininity is basic to a womans physical and even spiritual make-up, as revealed in her very DNC. In sex-change operations, not only are her organs removed but she most be injected with chemicals to suppress, so to speak, her lingering female tendencies. Ditto with males. Of course, what can be done about the skelatal formations. Disinterred he/she will be identified for what he.she actually is.
Indeed, what are they so quiet? Boehmer is betting the form on Obamas defeat and a Republican recapture of the Senate. But given the inertia of the Republican Party, they will not dare do anything even if they win, fearing that they will not win the next election.
Kagan illustrates what passes for brilliance among the Left is actually intellectual depravity.
As usual, the post without reading tribe is active this morning.
Anything the court rules that he doesn't like he will ignore as typical Right Wing partisan political payback.
Justice Kennedy, usually a liberal to moderate will be branded a conservative fanatic so the court appears packed with conservative fanatics and thus rightly dismissed.