Monday, June 30, 2014
Courts - SCOTUS expected to issue last two opinions of the term this morning
As always, follow SCOTUSblog for the blow-by-blow.
Here are the cases remaining (thanks to SCOTUSblog):
- Sebelius v. Hobby Lobby Stores, Inc. - Constitutionality of Affordable Care Act contraception mandate
- Harris v. Quinn (7th Circuit) - Whether a state may compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and a ripeness issue.
"The first reactions from other news sources overread Hobby Lobby significantly. The Court makes clear that the government can provide coverage to the female employees. And it strongly suggests it would reject broad religious claims to, for example, discriminate against gay employees."
Here are the decisions ...
Harris v. Quinn, 5-4, "the Court refuses to extend Abood. These employees can't be required to contribute to unions. The Court recognizes a category of "partial public employees" that cannot be required to contribute union bargaining fees. by tgoldstein" Alito writes this, as well as the upcoming Hobby Lobby.
POLITICO The Supreme Court sides with home health care workers in Illinois who want out of a union.
Hobby Lobby - "Closely held corporations cannot be required to provide contraception coverage. RFRA applies to regulations that govern the activities of closely held for-profit corporations like Conestoga, HL and Mardel." by tgoldstein
Here is more qualification: It does not provide a shield for employers who might cloak illegal discrimination as a religious practice.
by Amy Howe 10:19 AM
Here is a further attempt at qualification: This decision concerns only the contraceptive mandate and should not be understood to mean that all insurance mandates, that is for blood transfusions or vaccinations, necessarily fail if they conflict with an employer's religious beliefs.
by Amy Howe 10:18 AM
Justice Kennedy's concurring opinion says that the government could pay for the coverage itself, so that women receive it.
by tgoldstein 10:18 AM
Here is the opinion in Hobby Lobby.
"The Court has now adjourned until the first Monday in October."
Posted by Marcia Oddi on June 30, 2014 09:43 AM
Posted to Courts in general