A New Politics Thread? That's Gold Gerry(mandering); Gold!

Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby jerseyhoya » Mon Jun 30, 2014 15:45:41

mozartpc27 wrote:If you don't have to pay towards something that majority voted for and works on behalf of everyone, member or not, then you shouldn't have to pay taxes either if you don't like the government.

The difference between mandating taxes to the government and dues to a private organization like a union is pretty vast.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby phatj » Mon Jun 30, 2014 19:24:31

Is the notion that the Hobby Lobby decision is specifically anti-woman that I'm seeing all over facebook today based on the idea that the men on the court used some unconscious anti-woman feelings to justify the absurd idea that a for-profit corporation can have religious opinions?
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby SK790 » Mon Jun 30, 2014 20:32:35

it's based on the idea that 5 men decided it was the right decision for corporations to force their religious beliefs on their employees in a small way. i don't think it's specifically anti-women, but if i had a vagina instead of a penis, i'd be sick of old, white men telling me what is and what is not right for my body.

what i'm personally more worried about is that it's another SCOTUS ruling giving more power to corporations than the citizens of this country.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby pacino » Mon Jun 30, 2014 20:32:49

Barry Jive wrote:i liked how Kennedy went out of his way to note that this did not apply to things like blood transfusions. basically it seems like they don't see this as medicine, or if they do it's at a lower prioritization than the rest of women's medical expenses. birth control is considered a luxury, something you have to earn to benefit from. it's not like married Christians don't use it.

This shows they know they're wrong and went with it anyway. They only made this ruling apply to birth control because reasons. They noted the belief of HL that life began at conception, something that is scientifically untrue. I believe that autism is caused by blood pressure meds and thus want to not allow it in my company's healthhealthcare options. Why shouldn't they I be able to do that?

Oh, and HL doesn't believe that. Corporations have no beliefs.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby phatj » Mon Jun 30, 2014 21:23:42

Life begins at conception is scientifically untrue?
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby The Dude » Mon Jun 30, 2014 21:40:06

yeah regardless of belief on right of abortion that is a weird statement
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby SK790 » Mon Jun 30, 2014 21:56:36

pacino wrote:
Oh, and HL doesn't believe that. Corporations have no beliefs.

They just got their beliefs today!!! Great day for America.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby ashton » Mon Jun 30, 2014 22:42:45

phatj wrote:Life begins at conception is scientifically untrue?

Yes. Life exists before conception.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby Wheels Tupay » Mon Jun 30, 2014 23:13:58

So corporations can pretty much just say that they are into Scientology and say they don't believe in modern medicine, right?
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby jerseyhoya » Mon Jun 30, 2014 23:32:44

No

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby Monkeyboy » Tue Jul 01, 2014 00:32:03

Assuming Obama works out the proposed work around, insurers and tax payers will be footing the bill for contraception for the affected women. They don't care about abortion or any of that, they care about not paying the bill. It also probably won't help ACA's balance sheet, so that's another win for the creep show.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Tue Jul 01, 2014 00:59:22

Wheels Tupay wrote:So corporations can pretty much just say that they are into Scientology and say they don't believe in modern medicine, right?


not yet

but breathing spiritual "life" into the economic frankenstein monster that is the fictive corporate entity is one of John Roberts' weirder judicial projects

with respect to narrow categories of commercial/economic matters, there is/was at least some shred of reason behind creeping expansion of corporate entitlements ("rights"). Postulating political and now spiritual aspects of corporate existence worth giving the weight of law to is just plain foolish.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby SK790 » Tue Jul 01, 2014 01:50:25

drsmooth wrote:
Wheels Tupay wrote:So corporations can pretty much just say that they are into Scientology and say they don't believe in modern medicine, right?


not yet

but breathing spiritual "life" into the economic frankenstein monster that is the fictive corporate entity is one of John Roberts' weirder judicial projects

with respect to narrow categories of commercial/economic matters, there is/was at least some shred of reason behind creeping expansion of corporate entitlements ("rights"). Postulating political and now spiritual aspects of corporate existence worth giving the weight of law to is just plain foolish.

doesn't this ruling set a precedent that can now be used to rule on future cases? if so, why the hell not shouldn't they be able to using the SCOTUS's logic? wasn't the main thing stated that HL "believes that life begins at conception"? while that's way more up for debate than something like "vaccines have mind control serums in them", it sets a dangerous precedent that any employer can potentially refuse certain aspects of the ACA if they disagree with them, take them to court, and win.

don't get me wrong, i doubt this gets massively abused. i just wish the SCOTUS and, quite frankly, the government in general, cared as much about the well being of it's citizens of the country as it does it's precious corporations.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Tue Jul 01, 2014 01:58:00

phatj wrote:Life begins at conception is scientifically untrue?


scientifically difficult may be more accurate: such as pinpointing the conception part, and then deciding that the "science" of that determination leads invariably to certain actions that may or may not be taken or thwarted or abetted by anyone before/after that hard-to-pin-down instant
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby jerseyhoya » Tue Jul 01, 2014 02:07:34

Court rules in favor of for-profit corporations, but how broadly? In Plain English - from SCOTUSblog.

Because the Court agreed with Hobby Lobby and Conestoga that the contraception mandate imposes a substantial burden on their ability to exercise their religious beliefs, RFRA then required it to assess whether the mandate furthered an important government interest and does so in the least restrictive way possible. However, the Court skipped over the first half of that test. Instead, it assumed – without actually deciding – that the government has good reasons for requiring employers to provide their female employees with no-cost access to the four kinds of birth control to which Hobby Lobby and Conestoga object.

But even if that’s the case, the Court continued, the mandate still can’t survive because it is not the narrowest way of promoting the government’s interest. If the government really cares about providing women with free birth control, the Court explained, it could do so itself, at a cost that would probably pale in comparison with what the Affordable Care Act will ultimately cost the government. But, the Court pointed out, further evidence that there is an easier and less burdensome (for the companies) way to do this can been seen in the exemption that the government has created for religious non-profits that object to providing birth control. Those religious non-profits can opt out of providing the coverage without paying for it, but their female employees can still receive the coverage, with either the insurers or the government paying for it.

The Court’s opinion made clear that today’s decision was a relatively narrow one. It does not mean, the Court clarified, that an employer can automatically avoid paying for a particular kind of insurance coverage just because it has religious objections to it. Thus, for example, the Court explained, employers might still be required to provide coverage for vaccinations – an example that came up at oral argument – even if their religious beliefs might dictate otherwise, because of the need to prevent the spread of contagious and deadly diseases. Nor, the Court took pains to add, does the decision provide cover for employers to rely on religion to discriminate on the basis of race.


As for the rights of corporations stuff, only two justices were willing to go so far as to say that people forfeit their rights to bring challenges under the Religious Freedom Restoration Act when they form a corporation, so that part of the decision was not 5-4. People trying to make some money and run a business shouldn't have to forfeit all of their rights. The question of where lines get drawn then is a fair one, but acting like it's preposterous that it gets asked is kind of disconnected from reality.

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby SK790 » Tue Jul 01, 2014 02:58:01

I'm not saying the question shouldn't be asked, I just don't agree with the majority of the court's opinion. I don't think you can sit here and say that corporations haven't become much more powerful with the legislation passed w/r/t them in the last 20-30 years and this is just another example. Meanwhile, workers have less and less say because unions are somehow evil.

Here's part of Scalia's rationalization on the matter:

As we will show, Congress provided protection for people like the Hahns and Greens by employing a familiar legal fiction: It included corporations within RFRA’s definition of “persons.” But it is important to keep in mind that the purpose of this fiction is to provide protection for human beings. A corporation is simply a form of organization used by human beings to achieve desired ends. An established body of law specifies the rights and obligations of the people (including shareholders, officers, and employees) who are associated with a corporation in one way or another. When rights, whether constitutional or statutory, are extended to corporations, the purpose is to protect the rights of these people.


So he's super worried about the people who own this corporation, which is one family of x number of people, will have their rights infringed on somehow because they will have to provide a basic health service. However, in this instance, the belief of x number of people affect y number of people who work for them and y >>>>>>>>x. But somehow we should hold the rights of the few over the rights of the many? Don't they have a word for that? It's another example of conservatives sticking up for the wealthy minority while ignoring the poorer majority.

Ginsberg said it better than I could:

The exemption sought by Hobby Lobby and Conestoga would override significant interests of the corporations’ employees and covered dependents. It would deny legions of women who do not hold their employers’ beliefs access to contraceptive coverage that the ACA would otherwise secure. See Catholic Charities of Sacramento, Inc. v. Superior Court, 32 Cal. 4th 527, 565, 85 P. 3d 67, 93 (2004) (“We are unaware of any decision in which . . . [the U. S. Supreme Court] has exempted a religious objector from the operation of a neutral, generally applicable law despite the recognition that the requested exemption would detrimentally affect the rights of third parties.”). In sum, with respect to free exercise claims no less than free speech claims, “‘[y]our right to swing your arms ends just where the other man’s nose begins.’” Chafee, Freedom of Speech in War Time, 32 Harv. L. Rev. 932, 957 (1919).


Also, really liked this rebuttal on the fact that this is going to cost them too much:

Indeed, until today, religious exemptions had never been extended to any entity operating in “the commercial, profit-making world.” Amos, 483 U. S., at 337.16

The reason why is hardly obscure. Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community. Indeed, by law, no religion-based criterion can restrict the work force of for-profit corporations.


If they can file for this exemption, won't everyone? The argument that the government could and should provide this service cheaper from Alito since he would 100% be against anything like that. Let alone ignoring the fact that legislation like that would never get passed because of the House.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby pacino » Tue Jul 01, 2014 06:29:22

It's worth noting that Hobby Lobby's insurance offerings DID cover contraception. Then, in 2010, they decided it was against their beliefs. Since insurance is compensation, same as money, for working for a company, perhaps in six months they'll decide their beliefs have changed against and they'll now be Jewish and will bar their employees from using their compensation to buy pork products, and sue again.

Worth a shot!

Whether a person has access to insurance options is based on which religion their employer belongs to. Great system, sign me up.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby drsmooth » Tue Jul 01, 2014 07:32:16

jerseyhoya wrote: People trying to make some money and run a business shouldn't have to forfeit all of their rights. The question of where lines get drawn then is a fair one, but acting like it's preposterous that it gets asked is kind of disconnected from reality.



Courts - and court commentators - understand compensation generally, and employee benefits specifically, about as well as Hobby Lobby does.

HL wants to be in business, in commerce, in the holy marketplace, and yet not operate according that marketplace's ways of doing things. It wants its own religion. I say "its" because obviously any HL bigwig can practice whatever variant of religion s/he pleases - as a human individual. The corporation they have obtained a charter to operate, however, is a big lumbering economic-only entity, subject - prior to this idiotic SCOTUS decision, and whatever precedents RobertsCo have scumbled up to accessorize it - to the rules of whatever chartering government is applicable.

Some of those rules have to do with how compensation and benefits may or may not be rendered. Plenty of those rules are stupid and should be changed. Changed by law or regulation. Not by prayer.

5 justices - one who's giving Milo Minderbinder a run for his "it's for the good of the syndicate!" money, and another who never says a god-damned thing about his "thinking" - disagree.
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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby Bucky » Tue Jul 01, 2014 08:26:37

Wheels Tupay wrote:So corporations can pretty much just say that they are into Scientology and say they don't believe in modern medicine, right?


Of course not. That's not a real religion, as measured by the number of the 'ol Conservative Guard who ascribe to it

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Re: A New Politics Thread? That's Gold Gerry(mandering); Gol

Postby pacino » Tue Jul 01, 2014 08:28:18

this ruling only applies to this one specific case...because that's how rulings work!!! that's what our entire judicial system is based on, specific rulings for specific cases with absolutely no precedent ever cited or created. HL's owners don't understand how emergency contraception works (they think it is somehow an arbotifacient, even though it decidedly is not), so we are supposed to cowtow to their beliefs because...BECAUSE.

as SK stated, Ginbsurg's dissent is well-worth reading. Her and Sotomayor get it.

so now these conervatives have shifted burdens from employers to the government. LOL
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