Motley Moose – Archive

I am not talking just racial segregation here, but all forms of segregation.  So long as it is a sincerely-held religious belief and separate but equal facilities are provided, what is there to stop a closely-held corporation from imposing segregation post-Hobby Lobby?

Imagine there is an owner who believes, as a matter of sincerely-held religious beliefs, that the sexes should not mix, what is there to prevent that owner from establishing separate aisles in his or her store and separate checkout lines so long as the aisles are identical, there are an equal number of checkout lines and those checkout lines are always equally staffed.  What exists to prevent that owner from establishing that system?

What if the owner of such a closely-held corporation has such beliefs except that instead of the sexes mixing, he or she believes that it is whites and non-whites that should not mix?

What if the owner believes that members of his or her religion should not mix with members of another religion?

Where, exactly, will this all end?

There is a reason for generally-applicable laws.  There are reasons that in certain instances persons can receive religious exemptions.  Persons, however, are not for-profit corporations that are created with the primary purpose of making money.  If we were discussing religious employers here, then, yes, I could see why there can and should be a carve out.  However, we are discussing for-profit corporations.

The logic put forward today by the Supreme Court has no end.  Just as it easily justified the idea that men and women should be treated differently when it comes to the provision of their health care, it can be used to justify differential and/or separate treatment for all different groups.

SCOTUS Watch …

The Supreme Court will be in session this morning for orders starting at 9:30 Eastern. The two remaining opinions will be released starting at 10:00am. SCOTUSblog will liveblog at this link today starting at 9:15 Eastern .

SCOTUSblog: October 2013 Term, cases pending

DECISION: Harris wins her suit but Abood not overturned. PDF decision from SCOTUS

Harris v. Quinn, No. 11-681 [Arg: 1.21.2014]

Issue(s): (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, 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 (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.

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DECISION: Hobby Lobby wins right to discriminate against its female employees. PDF decision from SCOTUS

Conestoga Wood Specialties Corp. v. Sebelius, No. 13-356 [Arg: 3.25.2014]

Issue(s): Whether the religious owners of a family business, or their closely held, for-profit corporation, have free exercise rights that are violated by the application of the contraceptive-coverage mandate of the Affordable Care Act.

Sebelius v. Hobby Lobby Stores, No. 13-354 [Arg: 3.25.2014]

Issue(s): Whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 2000bb et seq., which provides that the government “shall not substantially burden a person’s exercise of religion” unless that burden is the least restrictive means to further a compelling governmental interest, allows a for-profit corporation to deny its employees the health coverage of contraceptives to which the employees are otherwise entitled by federal law, based on the religious objections of the corporation’s owners.

Commentary below …

  Good morning Motley Meese! Hope your weekend was lovely. Today’s shot was taken at the Patuxent Research Refuge in Laurel Maryland. A few more below the fold.

Iraq receives Russian fighter jets to fight rebels

 29 June 2014 Last updated at 07:13

 BBC

Iraq says it has received the first batch of fighter jets it ordered from Russia to help it as it fights an offensive by Sunni rebels.

The defence ministry said five Sukhoi Su-25 attack aircraft would enter service in “three to four days”.

The insurgents control large swathes of the north and west after a string of attacks over the past three weeks.

On Saturday, the government said it had retaken the northern city of Tikrit, but rebels dispute this.

  Make sure you let your peeps

  know where to find you!  

The President’s Weekly Address post is also the Weekend Open News Thread. Feel free to share other news stories in the comments.

From the White House – Weekly Address

In this week’s address, the President discussed his recent trip to Minneapolis where he met a working mother named Rebekah, who wrote the President to share the challenges her family and many middle-class Americans are facing where they work hard and sacrifice yet still can’t seem to get ahead. But instead of focusing on growing the middle class and expanding opportunity for all, Republicans in Congress continue to block commonsense economic proposals such as raising the minimum wage, extending unemployment insurance and making college more affordable.

The President will keep fighting his economic priorities in the weeks and months ahead, because he knows the best way to expand opportunity for all hardworking Americans and continue to strengthen the economy is to grow it from the middle out.

  Make sure you let your peeps

  know where to find you!  

Good morning, Moosekind. TGIF!

Last night, Wendy Davis spoke to a huge crowd in Austin to celebrate the anniversary of her filibuster. I met the political director of Battleground Texas at the event & promised a diary, so here it is. if you want to skip the pictures & fangirling, and just help us turn Texas blue, you can do that right here: Battleground Texas: What Will You Do?

SCOTUS Watch …

The Supreme Court will be releasing opinions  Thursday morning at 10am Eastern and then next week on Monday, June 30th to finish the term. SCOTUSblog will liveblog here today starting at 9:45 Eastern.

SCOTUSblog: October 2013 Term, major cases pending

DECISION: Buffer zones are unconstitutional. Unanimous. PDF Ruling

McCullen v. Coakley, No. 12-1168 [Arg: 1.15.2014]

Issue(s): (1) Whether the First Circuit erred in upholding Massachusetts’ selective exclusion law – which makes it a crime for speakers other than clinic “employees or agents . . . acting within the scope of their employment” to “enter or remain on a public way or sidewalk” within thirty-five feet of an entrance, exit, or driveway of “a reproductive health care facility” – under the First and Fourteenth Amendments, on its face and as applied to petitioners; (2) whether, if Hill v. Colorado permits enforcement of this law, Hill should be limited or overruled.

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DECISION: Recess appointments in Canning case were invalid. Unanimous. Recess appointments in general are valid but the recess must be at least 10 days. Unanimous but with Scalia dissent on reasoning. PDF Ruling

National Labor Relations Board v. Noel Canning, No. 12-1281 [Arg: 1.13.2014]

Issue(s): (1) Whether the President’s recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate; (2) whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess; and (3) whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.

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Harris v. Quinn, No. 11-681 [Arg: 1.21.2014]

Issue(s): (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, 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 (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.

~

Conestoga Wood Specialties Corp. v. Sebelius, No. 13-356 [Arg: 3.25.2014]

Issue(s): Whether the religious owners of a family business, or their closely held, for-profit corporation, have free exercise rights that are violated by the application of the contraceptive-coverage mandate of the Affordable Care Act.

Sebelius v. Hobby Lobby Stores, No. 13-354 [Arg: 3.25.2014]

Issue(s): Whether the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 2000bb et seq., which provides that the government “shall not substantially burden a person’s exercise of religion” unless that burden is the least restrictive means to further a compelling governmental interest, allows a for-profit corporation to deny its employees the health coverage of contraceptives to which the employees are otherwise entitled by federal law, based on the religious objections of the corporation’s owners.

Analysis and Commentary on yesterday’s cases below …