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Wednesday, February 1. 2012Will Contraception Abort ObamaCare?The mandate by the Obama administration that contraception must be provided by the medical plans of religious hospitals and schools even if contrary to their religious doctrine may influence the Supreme Court’s decisions on ObamaCare. On a fundamental level, the mandate exhibits the intrusiveness of Obamacare into aspects of private belief, its practice, and freedom of choice. This is at the heart of the portion of the Supreme Court’s deliberations into Obamacare’s individual mandate to buy medical insurance or be fined. The issue is whether Congress exceeded its federal powers. The intrusiveness of the individual mandate into private rights may or not be held by the Supreme Court to be inextricably linked to whether all or some of ObamaCare should be struck down. The Obama administration brief says that only the guaranteed enrollment and community-rating provisions of ObamaCare may be affected. However, the contraception mandate under the Obamacare requirement to provide preventive and wellness care exhibits the wider impact of Obamacare’s intrusion into private choices. Until the hearings it cannot be known whether contending counsel will raise the issue of the contraception mandate or whether a Supreme Court justice will. Still, it is reasonable to suppose that it will be on the minds of one or more Supreme Court justices in reaching their decisions. It has been pointed out that six of the nine Supreme Court justices are Catholic. It is speculative as to how that may affect their judgments. It is interesting to note, however, that a Jewish justice, Elena Kagan, concurring (with justice Alito) to the unanimous decision in the Hosanna-Tabor case upholding the “ministerial” exemption from EEOC, says, “…-it is easy to forget that the autonomy of religious groups, both here in the United States and abroad, has often served as a shield against oppressive civil laws.” Although the Hosanna-Tabor case entails differing discrete matters of law, Kagan’s expressed understanding there of a correct limit to federal power may be reflected in her or other justices’ considerations. The Supreme Court has waffled back and forth on whether there should be a dividing line between faith and practice, most recently finding for a division if there is a compelling state interest. The Obama administration’s argument, in both the ObamaCare hearings and in the contraception mandate, is that there is a compelling state interest in intruding into the choices of private people or entities. The Hosanna-Tabor decision may indicate that the majority of Supreme Court justices will find otherwise. The contraception mandate cannot have helped the case for ObamaCare, and may abort ObamaCare. P.S.: Michelle Malkin's column is worth the read. So is this Los Angeles Times analysis, "Contraceptive mandate could face tough sledding in Supreme Court." Comments
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Besides the mandate, what angers me the most about Obamacare is the lack of choice in insurance plans. All responsible adults get insurance unless they are so rich that they can self-insure, but we end up buying what we need, want, or can afford.
Obamacare treats us as if we were all too helpless and brainless to make our own choices. I resent that. Maine's Bishop Richard Malone issued this statement last week:
I want to talk to you about President Obama's decision to implement a contraceptive mandate on all of the nation's health care plans. This ruling is a blatant and capricious affront to conscience rights and religious liberty. Beyond this particular order is the larger issue of President Obama's complete disregard for religious freedom as guaranteed by the 1st Amendment. Despite intense pleas from thousands of Americans, Catholics and non-Catholics alike, to reconsider this plan, President Obama has forged ahead and insisted on implementing this mandate. Its consequences will be dramatic and devastating, not only for Catholic institutions, but for the scores of non-Catholics whom we serve through a myriad of programs and services. The contraceptive order, which goes into effect on August 1st of this year for most new and renewed health plans, is part of President Obama's "Patient Protection and Affordable Care Act." Non-profit employers who do not currently provide contraceptive coverage based on religious beliefs will be provided an additional year to comply with the new law. The act requires all private health insurance plans to cover contraceptives and sterilization prescriptions as "preventative services" for women. Contraceptive coverage includes drugs that are known at times to result in an abortion. Although the Department of Health and Human Services claims the Act exempts religious organizations, the reality is that due to President Obama's strict definitions, few organizations will qualify. While the administrative offices of the Church and parishes likely would be exempt, other church-related institutions, such as Catholic Charities, Catholic hospitals and nursing homes and schools would not qualify since they serve a wider population. The rigid criteria will only exempt organizations that serve primarily those who share a common faith. Because our institutions serve those in need regardless of religious affiliation, in essence, President Obama's mandate unjustly discriminates against those who rely on these services the most. The Church, as a matter of doctrine, opposes the use of contraception, and particularly the "Morning After Pill" since it often serves to induce an abortion. To mandate that we provide coverage for these services within our institutions forces us to make an impossible choice: either we violate our own moral code of conduct or deny our employees health care coverage. These options are unconscionable. This is a deliberate invasion into the beliefs and practices of faith-based organizations, as well as a direct violation of every believer's freedom of conscience. As a community of faith we must act on this matter courageously, decisively and promptly. Call to Action materials will be provided to parishes soon. Let's all pray that the Holy Spirit will guide us as we face such daunting challenges before us. Thank you and God bless you, -Bishop Richard Malone That same or very similar letter was read in our parish Mass last Sunday. This action rips the mask off Obama care to reveal the evil intentions of the abortion and debased sex without consequences lobbies.
I'm with Bird Dog. Reforms should have started by making it easier and cheaper to purchase the form of insurance that makes sense for your situation with a safety net for those who can't afford anything. Insurance should be insurance which is a pool of money to hedge against potentially devastating expenses, not as a payment clearing house for every imaginable routine medical expenditure. If Obama says we cannot refuse to fund the killing of children, what else can the federal government do? If I were elderly or disabled, I would be very very concerned about where this country's leadership is going.
Religious carve-outs have tended to be temporary, and come under attack as soon as the dust has settled on the original legislation. Bits are sliced off them until they are about a third of their original freedom.
The National Stop HHS Petition - http://www.stophhs.com/
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