Hobby Lobby Case Mashup
The Supreme Court heard the beginning arguments in the Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties Corp. v. Sebelius cases yesterday. (Need a back story to this story? Try here, here, and here.) So, what happened?
The good news is that the ladies of the court were out in full force for reproductive rights!
"The first salvo came from Justice Sonia Sotomayor, who swiftly jumped in to question the challengers' lawyer if any employer can get an exemption from a general law that they claim a religious objection to. "There are many people who have religious objections to vaccinations," she told Paul Clement...The most forceful was Justice Elena Kagan..."There are quite a number of medical treatments that religious groups object to," she said, positing that a ruling against the Obama administration could empower business owners to seek exemptions from laws about sex discrimination, family leave and the minimum wage. "You'd see religious objectors come out of the woodwork," Kagan warned..."
How could a decision in favor of Hobby Lobby effect the nation?
"There have been past cases brought before the Supreme court where businesses didn't want to pay social security; they didn't want to honor minimum wage laws; they didn't even want to honor child labor laws all on grounds of their religious beliefs. The Supreme Court has said time and time again that corporations that are open for business, that are making a profit have to follow the generally applicable laws of this country.”
Unfortunately, it seems Justice Kennedy sees this as an abortion case.
"As I left the Supreme Court building, I ran into one of the nation’s leading advocates for reproductive justice. We smiled at each other, and then I said “Kennedy thinks this is an abortion case. The government is going to lose.” “That’s right,” she said, shaking her head. “That’s right.”
All of this looks very bad for reproductive rights and individual rights. Kagan said it best:
"Kagan also said a ruling against the mandate would directly harm women. "Congress has made a judgment and Congress has given a statutory entitlement and that entitlement is to women and includes contraceptive coverage," she said. "And when the employer says, no, I don't want to give that, that woman is quite directly, quite tangibly harmed."
The Supreme Court won't make a decision until June. In the meantime, let's keep up the fight!
Read More:
Hobby Lobby Case Probably Doesn't Depend Much What Law Says
Can a corporation be religious? Maybe says Justices
Corporations Have Consciences and Contraceptives Are Cheap: Hobby Lobby at the Supreme Court