Tag Archives: Hobby Lobby

The week that was (#47).

Big week in news, both domestically and internationally. As is my habit, I will comment briefly on a couple of items, run off at the mouth, and probably write way too much than is good for anyone. But what the hell – here goes.

Religious Freedom Restoration Act. The debate over the state versions of this legislation has focused on the opportunity for discrimination against LGBT patrons of businesses in the relevant states, and understandably so. Still, I can’t help but feel the media outlets and activists are burying the lead on this issue. There appears to be some correlation between the people pushing this legislation and the American Legislative Exchange Council (ALEC), which provides model, usually conservative legislation to state representatives.

Whether or not ALEC is involved, these RFRA-like bills appear to build on the Hobby Lobby decision handed down by the Supreme Court last year. This is a broader effort to extend religious freedom protections to corporate “persons”. You can guess the implications. Hobby Lobby can assert their religious reservations to including birth control in their employee health plan. If RFRA applies to corporate “persons”, they can claim religious exemptions to all kinds of regulations, including health, safety, and environmental laws. Something to look out for.

Expect to hear from Mr. Cartoon Bomb this week.Iran Pact. A framework agreement on Iranian nuclear development was arrived at on Thursday. This will be the subject of a great deal of hand-wringing, even garment rending, and some full throated protests from the usual folks. There is a strong impetus in the United States towards war with Iran. It is not a popular option amongst the American people at large, but pundits and politicians appear to savor the idea. None of them would suffer in the event of a war, of course, so their clamoring comes at a very low potential cost.

Frankly, I am skeptical that we as a nation can even begin to abandon our animus towards Iran. A generation of politicians have built their careers on this obsession. Whatever shape the final agreement takes, Congress will be against lifting sanctions. (Of course, they would oppose it simply on the principle that Obama is in favor of it.) Even so, the agreement is deeply rooted in the assumption the America calls the shots, America enforces global order, and America can dictate terms, threaten, and attack at will.

My own feeling is that the whole nuclear question is just a flimsy excuse, portrayed as a crisis, to isolate Iran for the unforgivable crime of “stealing” their country back from us in 1979. If they don’t have that issue, they’ll find another.

luv u,

jp

SCOTUS-itis.

Another year, another raft of execrable decisions from the Supreme Court of the United States (SCOTUS). As each was handed down, one phrase echoed through my mind … “Thank you, George W. Bush.” Sure, I know … I’m still a victim of Bush Derangement Syndrome, as diagnosed by Dr. Krauthammer not so many years ago, right? Well, I see it more as a case of SCOTUS-itis, brought on by the re-election of a knee-jerk reactionary in 2004 who has locked in an equally reactionary majority on the Supreme Court for the foreseeable future.

You''re welcome!Lest you think I’m unfairly blaming Bush II, just consider – most Supreme Court vacancies occur according to plan. To the greatest extent possible, a justice now plans his/her (usually his) exit based on the likelihood that his/her successor will be appointed by a president who shares the Justice’s general political orientation. (Hence Justice Sandra Day O’Connor’s reported  election night 2000 angst over the apparent election of Al Gore.) That pattern was disrupted in 2005, when illness compelled Chief Justice William Rehnquist to step down. Had Bush not been re-elected the year before, John Kerry would have nominated Rehnquist’s replacement and the political balance of the court would very likely have shifted to the center-left for perhaps the next generation. Instead, thanks to Dubya, we have Citizen’s United, McCutcheon v FEC, and now Hobby Lobby, Harris v Quinn, and McCullen.

Let’s be clear: these are really bad decisions. Take the Hobby Lobby case, for instance. Despite all the efforts of the punditocracy to suggest that this is a very limited decision, narrowly focused on a specific class of contraceptives and a specific category of employers, it turns out that the opinion is not, in fact, so narrow. As Rachel Maddow pointed out last week, based on reporting by Lyle Denniston at SCOTUSblog.com, subsequent to the release of their ruling on Hobby Lobby, the Supreme Court issued orders on pending cases involving a number of employers, most notably some Catholic owners of companies seeking exclude any form of birth control from their employee-provided health plans. The Court orders, of course, side with the employers. So much for that limitation.

I could go on, but I’ll save the rest of my tirade for subsequent posts. Suffice to say that we needn’t have ended up in this place; it was a conscious choice of the American electorate, some ten years ago, and it’s going to take a monumental effort to turn this around in the coming decades.

luv u,

jp