Monday, June 30, 2014

SCOTUS last two decisions: How bad are they?

As some were predicting, the Supreme Court saved their two "worst" decisions for the last day of the court's year.    Today, they announced that they (1) found in favor of the Hobby Lobby in granting an exception to the Affordable Care Act's requirement that "closely held," for-profit corporations can opt out of coverage for contraceptives for their employees if it goes against the owners' religious beliefs;  and (2) said that part-time, public service employees cannot be required to pay dues to the union.

Both of these decisions were 5 to 4, with the usual split and Kennedy siding with the conservatives on this one.   Both opinions were written by Justice Alito, who seems to be becoming the go-to guy for corporate interests on the court, along with Chief Justice Roberts.

Justice Ginsburg wrote a strongly worded dissent, joined by the other liberal justices, in the Hobby Lobby case.

Reaction so far is ranging from the rejoicing in conservative circles to despair in liberal circles.   We can take some solace in the fact the both decisions were not sweeping but rather narrow.   On the other hand both decisions seem likely to be the "foot in the door" that likely will lead to more sweeping changes later.

For example, once you've allowed for-profit corporations -- not just religious organizations -- to opt out of requirements because of religious beliefs of the owners, where do you stop in allowing religious objections?    And is the exemption from required union dues for part-time employees just the first step in dismantling unions altogether?

We'll hear a lot of discussion about all this in the coming days.   For now what seems certain:   this is the most business-friendly and corporation-friendly court in the last century.

Despair may be too strong a word;   but I am deeply concerned about the direction this court is taking us.   Now, not only do corporations have the right to "free speech" (Citizens United) but corporations also have now been given the right to have religious beliefs that put limits on what is required of that corporation.

This is not good.   This is perhaps the one single most important reason that we must elect a democrat as the next president.

Ralph

PS:   As has been noted more than once:  SCOTUS has ruled that Hobby Lobby does not have to provide insurance coverage for contraceptives because it is against the owners' religion.   However, the same Hobby Lobby boss and his male employees can still get insurance coverage for their Viagra and their vasectomies.

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