Wednesday, July 9, 2014


Note:  Elana Kegan was not on the Supreme Court when this graphic was created.  Bottom second  from the left you see Justice Stevens still on the court.

When I teach Separation of Powers I love this part because I use endless examples of how our Constitution allows the Congress to overrule the Supreme Court.

The Hobby Lobby case may finally be what it takes to turn the Republicans on their heads.  There is no defense to the decision and Republicans must now decide are they now the party of corporatists or the people.

"On Wednesday, Sens. Patty Murray (D-Washington) and Mark Udall (D-Colorado) will introduce the bill, which would  bar for-profit companies from declining coverage on any federally guaranteed health services for religious reasons. That includes the 20 forms of contraception detailed in the Affordable Care Act, according to a summary of the bill provided to Business Insider.

The bill would also specify that the Religious Freedom Restoration Act, which served as the basis for the Supreme Court's decision against Obamacare's contraceptive mandate, and all other federal laws do not permit businesses from refusing to comply with the law's requirements.

"The U.S. Supreme Court's Hobby Lobby decision opened the door to unprecedented corporate intrusion into our private lives," Udall said in a statement. "My common-sense proposal will keep women's private health decisions out of corporate board rooms, because your boss shouldn't be able to dictate what is best for you and your family."


This is one of the great provisions within our constitution.  If the Republicans try and stop this Bill in the Senate it could cost them control of the Senate come November.  This is a hot button issue and it would please the Democrats to be able to argue "this is why the people must keep the Senate in the hands of the Democrats, while reducing the number or Republicans in the Senate."

In the House, assuming it passes the Senate the argument becomes the same - are Republicans corporatists and anti-Bill of Rights, or representatives of the people?   the substantive picture of corporations as people is becoming ever clearer.  The pundits will now be able to better focus their discussion on the issue with real examples of how corporations are asserting constitutional rights which have the effect of limiting our individual rights.

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