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Court clears way for birth control access
ScotusBlog.com ^ | 6-29-2015 | Lyle Denniston

Posted on 06/29/2015 1:49:52 PM PDT by Citizen Zed

Continuing to make sure that female employees and students have access to birth control, but that religious non-profit organizations where those women work or study do not have to provide it, the Supreme Court took action Monday on a case that is developing for next Term.

In a two-page order, the Court turned aside requests by Roman Catholic colleges, charities, and other non-profits in Pennsylvania to keep on hold a ruling by the U.S. Court of Appeals for the Third Circuit, rejecting those groups’ challenge to the Affordable Care Act’s contraceptive mandate.   Justice Samuel A. Alito, Jr., had temporarily put that ruling on hold last April until further legal papers were filed, but had taken no further action since.

The new order clears the way for the Third Circuit’s decision to go into effect, but it contains two sets of requirements.   (The requirements parallel what the Court had done last year in the separate case of Wheaton College, a religious institution in Illinois.)

First, the religious groups must provide some type of notice to the federal Department of Health and Human Services that they want and are entitled to a religious exemption from the mandate.   If the groups do that, the government may not enforce the mandate directly against them, while the Court is pondering whether to review the case itself.

Second, the women who are employed by or are students at the religious organizations are assured that they will have access, at no cost to them, of birth control methods and devices approved by the federal Food and Drug Administration.   The government can go ahead, the Court made clear, and make arrangements for the health insurance plans in effect for the religious groups to assure free access to the contraceptives.  The government will reimburse the cost.

The Court’s order stressed that it did not mean that the Justices were ruling on the correctness of the Third Circuit decision.   That will be the issue if the Court grants review in the pending case of Zubik v. Burwell (docket 14-1418).

Justice Sonia Sotomayor noted that she would simply have denied the groups’ plea for any kind of order affecting the Third Circuit ruling.


TOPICS: Chit/Chat
KEYWORDS: abortion; deathpanels; globalwarminghoax; obamacare; popefrancis; prolife; romancatholicism; zerocare
Access = Subsidies = Taxes = Violation of Conscience = Tyranny
1 posted on 06/29/2015 1:49:52 PM PDT by Citizen Zed
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To: Citizen Zed

Wait til euthanasia coverage becomes mandatory under Obamacare.


2 posted on 06/29/2015 1:52:35 PM PDT by kaehurowing
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To: Citizen Zed
Continuing to make sure that female employees and students have access to birth control...

This can't be accurate. They all have access. They just want somebody else to pay for it.
3 posted on 06/29/2015 1:53:50 PM PDT by stylin19a (obama = Fredo Smart)
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To: Citizen Zed

Freedom is dying of a terminal disease.


4 posted on 06/29/2015 1:54:10 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Citizen Zed
Scotus and El Presidente have just about made congress irrelevant.
5 posted on 06/29/2015 1:55:09 PM PDT by Jacquerie (Article V. If not now, when?)
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To: Jacquerie

SCOTUS ordered Target to stay open all night.


6 posted on 06/29/2015 2:04:52 PM PDT by massgopguy (I owe everything to George Bailey)
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To: BuckeyeTexan

SCOTUS.


7 posted on 06/29/2015 2:10:02 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Citizen Zed
It's not that hard to get to a pharmacy. Many supermarkets have them. Why is that not "access"?

8 posted on 06/29/2015 2:10:16 PM PDT by BitWielder1 (I'd rather have Unequal Wealth than Equal Poverty.)
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To: Citizen Zed
Second, the women who are employed by or are students at the religious organizations are assured that they will have access, at no cost to them, of birth control methods and devices approved by the federal Food and Drug Administration. The government can go ahead, the Court made clear, and make arrangements for the health insurance plans in effect for the religious groups to assure free access to the contraceptives. The government will reimburse the cost.

I was under the impression that only the Congress could initiate spending. Apparently it's really the House or the Court (if they feel like it). I miss the rule of law.

9 posted on 06/29/2015 2:11:32 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Citizen Zed

If the government can provide it for free why make these religious bodies go through this charade?


10 posted on 06/29/2015 2:13:53 PM PDT by lastchance (Credo.)
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To: Citizen Zed

Why do we need this. It is all going to homosexual marriage with out the possibility of children, anyway.


11 posted on 06/29/2015 2:28:01 PM PDT by Parmy
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To: Citizen Zed; Lazamataz
A John Deere combine, Sandra Fluke, squids ... Sandra Fluke photo: Fluking funny sandyfluke.jpg The short list of things Lazamataz won't hit,
12 posted on 06/29/2015 2:35:51 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: Citizen Zed

They have access. They mean subsidies. They want to force those against it to fund it. There is no right on conscience any longer. Your conscience is not allowed to deviate from the black robed ruler’s. Well, pretty much it cannot deviate from Injustice Kennedy’s.


13 posted on 06/29/2015 2:42:43 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Citizen Zed

Trampling on rights, the Constitution, Rule of Law, and reason - it’s the Communist way. Always and everywhere.


14 posted on 06/29/2015 2:48:10 PM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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To: Jacquerie

“Scotus and El Presidente have just about made congress irrelevant”

The Congress didn’t exactly go down fighting.


15 posted on 06/29/2015 3:07:17 PM PDT by Paulie (America without Christianity is like a Chemistry book without the periodic table.)
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To: Paulie
<>The Congress didn’t exactly go down fighting.<>

Agree. Why do you think congress doesn't fight?

16 posted on 06/29/2015 3:11:38 PM PDT by Jacquerie (Article V. If not now, when?)
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To: Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; Salvation; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

17 posted on 06/29/2015 11:09:20 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

As has been said many times here, THEY HAVE ACCESS. What they want is someone else to pay for it.

What ever happened to “keep the gubermint out of the bedroom????”


18 posted on 06/29/2015 11:20:15 PM PDT by NonValueAdded (This is no deal, Øbama is negotiating terms of surrender)
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To: Citizen Zed

This is why the GOP needs to make the pill available OTC. End this nonsense once and for all. That move will make the pill widely available, cheap, likely knock it off of insurable purchases placing it wholly in private hands, and kill a major income source for the Democratic sex organization commonly known as Planned Parenthood.


19 posted on 06/30/2015 4:05:10 AM PDT by 1010RD (First, Do No Harm)
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