Tag Archives: Affordable Care Act

Five Bad Men Screw Us Again, Part 2

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(1) As further evidence that the all-male, all-Roman Catholic, all-Republican majority on the Supreme Court is willing to sacrifice legal principles to ideology, consider this statement from Justice Alito’s opinion: “A corporation is simply a form of organization used by human beings to achieve desired ends”.

Among those ends, however, is limiting the liability of the corporation’s owners, as discussed in this article from Mother Jones. The author explains how ascribing the owners’ religious beliefs to a corporation undermines the idea of a corporation:

[Quoting from an earlier Supreme Court decision:] “Linguistically speaking, the employee and the corporation are different ‘persons’, even where the employee is the corporation’s sole owner. After all, incorporation’s basic purpose is to create a distinct legal entity, with legal rights, obligations, powers, and privileges different from those of the natural individuals who created it, who own it, or whom it employs.” 

That separation is what legal and business scholars call the “corporate veil,” and it’s fundamental to the entire operation. Now, thanks to the Hobby Lobby case, it’s in question. By letting Hobby Lobby’s owners assert their personal religious rights over an entire corporation, the Supreme Court has poked a major hole in the veil. In other words, if a company is not truly separate from its owners, the owners could be made responsible for its debts and other burdens.

(2) The Hobby Lobby ruling was supposedly a limited one. But anytime the Supreme Court rules, lower courts invariably extend the Supreme Court’s “logic” to other cases. Believe it or not, the Supreme Court itself has already ordered lower courts to do just that, as Mother Jones reports:

Less than a day after the United States Supreme Court issued its divisive ruling on Burwell v. Hobby Lobby, it has already begun to toss aside the supposedly narrow interpretation of the decision. On Tuesday, the [Court] ordered lower courts to rehear any cases where companies had sought to deny coverage for any type of contraception, not just the specific types Hobby Lobby was opposed to.

In related news, religious leaders have written to the White House asking that proposed regulations regarding the hiring of lesbian, gay, bisexual and transgender people by federal contractors include a religious exemption.When this issue comes to the Supreme Court, we can expect the Republican majority to agree that discriminating against people based on their sexual orientation and even their gender is one more religious belief the government should not burden.

(3) In maybe he most bizarre development of all, the Court yesterday granted a request from Wheaton College to be temporarily exempted from filling out and distributing copies of a particular government form. The form in question allows a non-profit religious organization to declare its opposition to insurance coverage for contraceptives. From the Supreme Court’s ruling:

The applicant need not use the form prescribed by the Government, EBSA Form 700, and need not send copies to health insurance issuers or third-party administrators.

Instead, the Court said it would be sufficient to send a letter to the Department of Health and Human Services stating the organization’s opposition to contraception without identifying its health insurance issuer or third-party administrator. Apparently, the majority agreed that the prescribed use of Form 700 would constitute a serious burden on Wheaton College’s religious beliefs, while sending a letter to the government wouldn’t or didn’t.

The three women on the Supreme Court pointed out the absurdity of this latest ruling in a dissent called “unusually fierce” by the New York Times. Justice Sotomayor stated that this latest ruling “undermines confidence” in the Court. She also pointed out what should be obvious to everybody:

Thinking one’s religious beliefs are substantially burdened — no matter how sincere or genuine that belief may be — does not make it so.

(5) Remember to vote, even in mid-term elections like the one four months from now, and, most importantly, never vote for a Republican.

Five Bad Men Screw Us Again

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I didn’t want to write about the Supreme Court decision in Burwell vs. Hobby Lobby Stores. That’s the recent case in which the Republican majority ruled that a corporation can refuse to provide health insurance for certain kinds of contraception on religious grounds. However, one way to stop thinking about something is to write about it, and this is not a subject that’s fun to think about:

1) It’s no coincidence that the five Republicans on the Supreme Court are prone to rule against and ignore the rights of women to end or prevent pregnancies. Those five Republicans are all Roman Catholics.

2) Having previously declared that corporations should be allowed to spend on political campaigns because they have the same right to free speech that people do, the Republican majority has ruled again that corporations are no different from people. The law at issue in Burwell vs. Hobby states that the government should not “substantially burden a person’s religious beliefs”. Although corporations are treated as persons in some legal contexts, and it’s proper for the government to respect people’s religion up to a point, it makes no sense to ascribe religious beliefs to a corporation.

In addition, people’s right to practice their religion as they wish does not give them the right to harm other people. According to the majority opinion, however, a corporation can not only have religious beliefs, those beliefs should be honored even though acting on those beliefs negatively affects the corporation’s employees, their families and the rest of society (one of the majority’s suggestions is that taxpayers pay for contraception if corporations won’t – as if the Republicans in Congress would agree to that). 

3) Religion can be a wonderfully flexible way to justify all kinds of behavior. In this case, the corporations claimed that dropping all health insurance coverage for their employees, so that their employees could instead get insurance through the government-run exchanges, would also infringe on their (the corporations’) religious beliefs, even though allowing their employees to use the government exchanges would save the corporations money and benefit their employees. “It is our firmly-held, specific religious belief that you should get your health insurance through our company instead of a government website, but it shouldn’t cover certain kinds of care.” Right.

4) Allowing employers to dictate which health insurance their employees have, on religious or any other grounds, is yet another reason the United States should join the rest of the industrialized world and adopt taxpayer-supported, government-regulated, single-payer health insurance.

5) The idea that the owners of a business shouldn’t be forced to spend money for something they don’t like assumes that the money in question is theirs, just like the money in your checking account is yours. However, economists have found that the money a company spends on health insurance would otherwise generally be paid to employees as wages. After all, health insurance is a form of compensation and businesses tend to offer as little compensation as possible (except for senior management, of course). As Uwe Reinhardt writes:

Evidently the majority of Supreme Court justices … believe that the owners of “closely held” business firms buy health insurance for their employees out of the kindness of their hearts and with the owners’ money. On that belief, they accord these owners the right to impose some of their personal preferences – in this case their religious beliefs — on their employee’s health insurance…. [But research shows that] the premiums ostensibly paid by employers to buy health insurance coverage for their employees are actually part of the employee’s total pay package — the price of labor, in economic parlance – and that the cost of that fringe benefit is recovered from employees through commensurate reductions in take-home pay.

6) This is a case in which religion is being allowed to trump science. These corporations object to particular kinds of contraception on the grounds that they are equivalent to having an abortion. But medical researchers have shown that the methods in question (certain intrauterine devices and the “morning after” pill) don’t actually work that way, as discussed here:

The owners of Hobby Lobby told the Court that they were willing to cover some forms of contraception but believed that the so-called morning-after pills and two kinds of IUDs can cause what they believe to be a type of abortion, by preventing a fertilized egg from implanting in the uterine wall or causing an already implanted egg to fail to thrive… The scientific consensus is against this idea…Most scientists believe that [these methods] interfere with the ability of sperm to get to an egg in time to fertilize it before they die….Research does not support the idea that they prevent fertilized eggs to implant.

If a religious belief is based on faulty science, that belief should be given less respect by the rest of us. It’s safe to assume, for example, that even this Supreme Court would have ruled differently if the religious belief in question had been that certain kinds of contraception cause droughts.

7) There have been a lot of dumb arguments in favor of this decision or suggesting that it’s not a big deal. The truth is that this decision could set a very bad precedent, opening the door to other claims for special treatment, especially given the Republican majority on the Court. In addition, trying to find a job with another company isn’t a great option for many people; getting pregnant is a very big deal; IUD’s are among the most effective form of birth control; it can cost some women a month’s pay to get one; the morning after pill is an important option for women; and choosing to have sex shouldn’t disqualify people from getting appropriate medical care (people also choose to smoke, spend a lot of time on their couches and eat at McDonald’s). As the saying goes, if men could get pregnant, abortion would be a sacrament.

8) It’s been clear since their decision in Bush vs. Gore, when the Republican justices decided that we didn’t need an accurate vote count in a Presidential election, that lacking proper legal justification for their decisions won’t stop them from advancing their political agenda. All Supreme Court justices issue rulings consistent with their political perspectives, but these particular justices are extremists. They may have some shame, but it’s hardly worth mentioning.

This Editorial Would Have Made a Good Blog Post

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Editorials in the New York Times tend to be rather restrained, befitting the dignified nature of the place (the Times still refers to Vladimir Putin as Mr. Putin and Nancy Pelosi as Ms. Pelosi, for example). But in an editorial called “Center Ring at the Republican Circus”, they’ve finally had enough, adopting a level of scorn and sarcasm befitting angry bloggers everywhere. Good for them!

Quote:

The hottest competition in Washington this week is among House Republicans vying for a seat on the Benghazi kangaroo court, also known as the Select House Committee to Inflate a Tragedy Into a Scandal. Half the House has asked to “serve” on the committee, which is understandable since it’s the perfect opportunity to avoid any real work while waving frantically to right-wing voters stomping their feet in the grandstand.

They won’t pass a serious jobs bill, or raise the minimum wage, or reform immigration, but House Republicans think they can earn their pay for the rest of the year by exposing nonexistent malfeasance on the part of the Obama administration. On Thursday, they voted to create a committee to spend such sums as may be necessary to conduct an investigation of the 2012 attack on the consulate in Benghazi, Libya. The day before, they voted to hold in contempt Lois Lerner, the former Internal Revenue Service official whom they would love to blame for the administration’s crackdown on conservative groups, if only they could prove there was a crackdown, which they can’t, because there wasn’t.

Both actions stem from the same impulse: a need to rouse the most fervent anti-Obama wing of the party and keep it angry enough to deliver its donations and votes to Republicans in the November elections. For a while it seemed as if the Affordable Care Act would perform that role, but Republicans ran into a problem when the country began to realize that it was not destroying American civilization but in fact helping millions of people.

The entire editorial is here.

More Good News For America

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From the Los Angeles Times:

Driven by a last-minute flood of enrollments, particularly in California, sign-ups for health insurance through the Affordable Care Act’s online marketplaces hit 8 million in the law’s first year, President Obama announced Thursday.

That beats the forecast by 1 million people and caps a remarkable comeback from a disastrous rollout last fall that gave rise to predictions the law would collapse in its maiden year.

Instead, the health law, often called Obamacare, has helped bring about the largest increase in insurance coverage in the U.S. in half a century.

“This thing is working,” Obama said from the White House briefing room, taking a jab at Republican critics who continue to pledge to roll back the law. “The repeal debate is, and should be, over”….

Millions more Americans have signed up for health insurance without using the marketplaces, including through Medicaid, employers or directly from insurers. That has helped to dramatically drive down the nation’s uninsured rate, according to a growing number of national surveys.

Estimates of the total gain in insurance coverage nationally are still preliminary….But new Gallup survey data released this week suggest that as many as 12 million previously uninsured Americans have already gained coverage since last fall.

Republicans are still mouthing off about the numbers being inflated or misleading or whatever. To hell with them. And remember to vote in November.

“Obamacare” Not Such a Disaster After All; Republicans Reconsider Opposition

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The Congressional Budget Office (CBO) has issued a document entitled “Updated Estimates of the Effects of the Insurance Coverage Provisions of the Affordable Care Act, April 2014”.

I quote (some posts are easier to write than others):

Relative to their previous projections, CBO and JCT [Joint Committee on Taxation] now estimate that the ACA’s coverage provisions will result in lower net costs to the federal government: The agencies now project a net cost of $36 billion for 2014, $5 billion less than the previous projection for the year; and $1,383 billion for the 2015–2024 period, $104 billion less than the previous projection….

CBO and JCT estimate that the insurance coverage provisions of the ACA will increase the proportion of the non-elderly population with insurance from roughly 80 percent in the absence of the ACA to about 84 percent in 2014 and to about 89 percent in 2016 and beyond… CBO and JCT project that 12 million more non-elderly people will have health insurance in 2014 than would have had it in the absence of the ACA. They also project that 19 million more people will be insured in 2015, 25 million more will be insured in 2016, and 26 million more will be insured each year from 2017 through 2024 than would have been the case without the ACA.

In other words, the Affordable Care Act will cost less and result in more people having health insurance than previously estimated. Given these very encouraging new estimates, leading Republicans are reconsidering their short-sighted, hypocritical opposition to “Obamacare”. (I made up that last part.)