ONTD Political

Citing Citizens United, Federal Appeals Court Blocks Access To Birth Control

11:04 pm - 12/30/2012
Citing Citizens United, Federal Appeals Court Blocks Access To Birth Control

On Friday, a divided panel of the United States Court of Appeals for the Seventh Circuit, in an order joined by two conservative Republican appointees, temporarily immunized a company from the Obama Administration’s rules guaranteeing that employer-provided health plans cover birth control. Judge Ilana Rovner, a George H.W. Bush appointee, dissented.

The order is brief, and it mostly deals with the most significant issue in this case in just a single paragraph — holding that a for-profit corporate employer can claim that its religious liberties were somehow violated:

[T]he government’s primary argument is that because K & L Contractors is a secular, for‐profit enterprise, no rights under RFRA are implicated at all. This ignores that Cyril and Jane Korte are also plaintiffs. Together they own nearly 88% of K & L Contractors. It is a family‐run business, and they manage the company in accordance with their religious beliefs. This includes the health plan that the company sponsors and funds for the benefit of its nonunion workforce. That the Kortes operate their business in the corporate form is not dispositive of their claim. See generally Citizens United v. Fed. Election Comm’n, 130 S. Ct. 876 (2010). The contraception mandate applies to K & L Contractors as an employer of more than 50 employees, and the Kortes would have to violate their religious beliefs to operate their company in compliance with it.

As a matter of current law, this decision is wrong. As the Supreme Court explained in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” Lee established — with no justice in dissent — that religious liberty does not allow an employer to “impose the employer’s religious faith on the employees,” such as by forcing employees to give up their own rights because of the employer’s objections to birth control.

Nevertheless, the Seventh Circuit’s citation to Citizens United is an ominous sign. Lee was decided at a time when the Court understood that corporations should not be allowed to buy and sell elections. That time has passed, and the precedents protecting against corporate election-buying were overruled in Citizens United. It is not difficult to imagine the same five justices who tossed out longstanding precedent in Citizens United doing the same in a case involving whether employers can impose their religious beliefs on their employees.

It is likely that we will know soon whether those five justices are prepared to do so. The Seventh Circuit’s decision is at odds with a decision out of the Tenth Circuit, and the Supreme Court typically agrees to hear cases where two federal appeals courts disagree.

OP: So, there we go. Think Obamacare will topple now?
blackjedii 31st-Dec-2012 04:53 pm (UTC)
Erm no

Otherwise I am a pastafarian

And you must give me pirates, government.

Edited at 2012-12-31 04:53 pm (UTC)
tabaqui 31st-Dec-2012 05:50 pm (UTC)
Oh, fuck them. Grandstanding, and this won't hold. Idiots. So *sick* of this. Fuck all you 'religious' jackasses who think your religion is the only on the govt. should uphold, because it's *special* and *right* and *true*.


*is grumpy*
romp 31st-Dec-2012 08:42 pm (UTC)
OT 'cause I'm feeling chatty and delaying emptying the cat litter boxes: shortly after I moved to Canada, I saw a group of birds next door eating a dead goat. The vulture were hanging back because 3 bald eagles were feasting, their heads bright red with blood. It was so heavy because I'd never lived amid eagles before so my image of them was pretty much the opening of The Colbert Report. Yet the symbol of the US is actually big on carrion--who knew?! It was quite a heavy moment, symbolism-wise. :)
angelofdeath275 31st-Dec-2012 09:10 pm (UTC)


Not laughing you but symbolism-wise

tabaqui 31st-Dec-2012 09:42 pm (UTC)
Hehehe. Yeah, people seem to forget that eagles aren't all swooping down and getting fish. That's a pretty chancy living. Carrion is *much* more of a sure thing.

Litter boxes - the bane of my cat-loving existence.
stainedfeathers 1st-Jan-2013 01:31 am (UTC)
Haha! Being the bird nerd I am this makes me laugh. I'm familiar with eagles being scavengers and robbing assholes and the like. I always found it amusing that they're seen as "noble" because of being the symbol of the US. Benjamin Franklin once said that he considered eagles to have "bad moral character" and felt the Turkey would be a better bird to have been chosen. source- the letter here is grand ^.^

Hey at least they didn't choose swallows...
gambitia 31st-Dec-2012 06:04 pm (UTC)
I thought a court already struck down this line of reasoning?

And since it is never said enough: your freedoms end as soon as they infringe on mine. And we need to decouple employment and healthcare.
bellichka 31st-Dec-2012 06:47 pm (UTC)
All of this.
furrygreen 31st-Dec-2012 06:49 pm (UTC)
Wait... What is this "freedom" thing you speak of? I know I've heard it but ... It just keeps slipping away. Haha!
kyra_neko_rei 31st-Dec-2012 09:57 pm (UTC)
"FREEDOM, n. Exemption from the stress of authority in a beggarly half dozen of restraint's infinite multitude of methods. A political condition that every nation supposes itself to enjoy in virtual monopoly. Liberty. The distinction between freedom and liberty is not accurately known; naturalists have never been able to find a living specimen of either."
kitanabychoice 31st-Dec-2012 06:45 pm (UTC)
This is why Citizens United really needs to DIAF ASAP.
furrygreen 31st-Dec-2012 06:51 pm (UTC)
But, you know, you have to give it to CU. To it that, when it stands for almost the exact opposite, took some balls. It's like the Patriot Act, ya know?

You really gotta love these names. I think I'm just going to start to think of them all meaning whatever is exactly the opposite of the names.
girly123 31st-Dec-2012 08:27 pm (UTC)
Citizens United was the plaintiff in the court court case that led to the CU decision; it wasn't an act passed by Congress and thus wasn't intentionally named by anyone.
furrygreen 31st-Dec-2012 10:00 pm (UTC)
Tu shay, my friend. This may be truth but conspiracy theories are much more fun. XD
rkt 1st-Jan-2013 01:31 am (UTC)
this comment is sweet.
influencethis 4th-Jan-2013 12:06 am (UTC)
The word is actually touché, coming from French fencing terminology, meaning "I have been touched", aka "you have poked me with your rapier [or rhetorically with your logic]".
furrygreen 4th-Jan-2013 06:52 am (UTC)
Yes, I know. I was being cheeky and using the sillier Urban Dictionary version. ;P You know, as in I didn't actually have a point and to be much more obvious that I was kidding and not attacking.

Tu Shay or Toshay: A misspelling of the french word "Touché". Originally a fencing it meaning "touch" which is called out when one scores a point, it has since become used to acknowledge a quick, appropriate verbal response.

vphvadim: So I submitted Tushay to Urban Dictionary today!
SuperJosh: Don't you mean "touché"?
vphvadim: Tushay Josh, Tushay.
influencethis 4th-Jan-2013 08:12 pm (UTC)
Sorry to be obnoxious! I just love spouting information at people. ;_;
furrygreen 5th-Jan-2013 06:20 pm (UTC)
Don't apologize! I firmly believe that if one has to explain jokes then said jokes are probably bad so there's no fault to you if my joke was bad. I'm a Queen of bad jokes. As for sprouting off information, I do this too. I have really bad word vomit. Haha! I just can't stop myself sometimes. XD
romp 31st-Dec-2012 08:38 pm (UTC)
The right really excels at how they name things. They know plenty of people don't look past the marketing.
idemandjustice 1st-Jan-2013 03:29 am (UTC)
Gods, yes.
world_dancer 31st-Dec-2012 06:53 pm (UTC)
I'm somewhat optimistic that this might lead to overturning Federal United in part or whole, so I'm waiting this out.
mskye 31st-Dec-2012 09:41 pm (UTC)
shhh_its_s3cr3t 1st-Jan-2013 10:07 pm (UTC)
Sigh.... and here we go. Fuck these guys.
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