Tuesday, August 26, 2014

Issue 404 Obama Care Byproduct: Legal Cases August 26, 2014

Well, Obama Care has caused nothing but controversy, and looks to be set for another date in the Supreme Court yet again.  But this is a good thing.  Why you ask?  Because for one, it can help us here in the United States reinforce our rights, and two it can correct flaws in the law or cause its repeal which will cause it to be replaced.  Let us discuss what is going on.

Religious rights:  The case against Hobby Lobby (a family owned and operated business) went to the Supreme Court because the family owned business refused to cover certain forms of birth control.  They refused on account that the birth control they were being compelled to cover for their employees violated their religious rights as Christians.  Key fact is that they provided other forms of birth control that fit with their values as well.  So the Supreme Court ruled in the families favor saying that a religious exception under the first amendment of the U.S. Constitution prevented the government from forcing businesses from providing certain forms of birth control.  As such, Hobby Lobby which already pays for the health care of their employees was no longer required to abide by the contraceptive mandate issued under the law.  Note, the Obama Care law actually says nothing about birth control, rather the department of Health and Human services issued it as a mandate under the law as part of the stack of legal regulations.

So this is a victory for those who have faith, in that they do not have to violate their values to provide a certain set of services.  This one case opens up court precedent to allow a number of lawsuits and other legal actions based on religious grounds for businesses and possibly individuals to get a religious exception (businesses are classified as individuals under a Supreme Court ruling).  So who knows what other mandates and laws can be turned over next.

The next court cases:  Now there is another issue arising from this terrible law.  Two courts just issued conflicting rulings on subsidies (the money coming from the federal government to pay a portion of an individual's premium).  These two courts were just miles away from each other in Virginia where one ruled the subsidies were legal as the program was to be administered at the federal level, while the other ruled them illegal as the program (like Medicaid) was to be administered at the State level.  So now it is a conflict to see if the States or the Federal government have the right and authority over who gets subsidies and who does not.  

Now for those who do not know, this is big.  Basically, once this goes to the Supreme Court, it will decide if the Federal government or the States have the final say on who gets what in Obama Care.  If the Fed's get it, then they can continue as they already have, but if the States get it, then they have the right to bump people off the program if they deem these people can afford to buy their own health care.  It can also allow States to opt out of the program completely if ruled in the States favor, which will essentially kill Obama care (because many Republican controlled States may opt out which will cause Obama care to lose significant tax dollars toward the program).  In addition, this will determine if the Federal exchanges are legal because those are based on the subsidies given out by the Federal government.  If the States gets the authority, then those Federal exchanges are as good as dead, or are to be turned over to States to have complete control over.  What happens next and when this issue reaches the Supreme Court, only time will tell.


Conclusion:  It turns out that Obama Care has turned out some good things for America.  In this case, the people with their religious values scored a major victory, and soon the States may gain some of their rights back from the Federal government.  Of course we still do not know the outcome of this next legal battle over subsidies, or how far the religious exception goes, but this bodes well for America in so far as freedom is being upheld and maintained.

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