...Burwell v. Hobby Lobby, represents a landmark decision made by the United States Supreme court that largely impacted the way American society views for-profit corporations regarding their religious beliefs and liberty, yet also the rights of women. Hobby Lobby operates as an arts and crafts company founded by David Green, and owned by the Evangelical Christian family with approximately 13,000 employees. Under the Affordable Care Act, which relies on the Health Resources and Services Administration, preventive care for women in regards to contraceptives need to be provided in specific employer-based health plans. Yet based off of Green’s religious beliefs, as well as the backing provided by the Religious Freedom Restoration Act, Hobby Lobby dropped its coverage of specific contraceptives that were deemed “abortifacients”- contraceptives that ultimately aid in abortion. Arguing that the Religious Freedom Restoration Act of 1993 prohibits the government from substantially burdening a person’s exercise of religion, Hobby Lobby cited their religious freedom under the Free Exercise Clause in the First Amendment, which they believed indicated the right to deny access to these contraceptives (Fung). On the...
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...Case Summaries – GOVT 3001 Powell v Alabama Burwell v Hobby Lobby Calder v Bull Marbury v Madison Fletcher v Peck Martin v Hunter’s Lessee Trustees of Darmouth College v Woodward Cohens v Virginia Cooper v Aaron Nixon v United States City of Boerne v Flores Bush v Gore McCulloch v Maryland Lochner v New York United States v The William Gibbons v Ogden 1. Ogden purchased a license from two persons granted exclusive navigation privileges on New York waters. When Gibbons operated on Ogden’s route, Ogden filed to restrain Gibbons from operating on these waters, violating the Federal Coasting Act of 1793. 2. The Court ruled in favour of Gibbons, arguing that commerce is the trade of commodities, which includes navigation, and, under the power...
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...In past years, religion and the use of contraceptives has been a hot topic. There has been a lot of controversy over whether employers should have to provide contraceptives if they have religious views or not. One case in particular is Burwell v. Hobby Lobby Stores. Hobby Lobby Stores originally sued Kathleen Sebelius before Sylvia Burwell was confirmed the Secretary of the Department of Health and Human Services (Duignan). Hobby Lobby Stores sued them because they felt they should not be forced to provide contraceptives against their religious views. The Green family owns and operates Hobby Lobby Stores under Christian beliefs. Under the Patient Protection and Affordable Care Act, they must provide certain types of preventative care, including contraceptives which the Green family is against. There are exemptions available, but none are for for-profit institutions. On September 12, 2012, the Greens sued the Secretary of the Department of Health and Human Services, Kathleen Sebelius, and challenged the contraception requirement (“Burwell”). The regulation required companies with fifty or more employees to provide their employees with coverage of the 20 contraceptive methods. The Green family believed that four of these methods were abortion inducers. Therefore, the Greens believed that this was...
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...Case name and citation: Burwell v. Hobby Lobby Stores, Inc. 134 S.Ct. 2751 (2014). Facts: Here we have the Green family who operates their business (Hobby Lobby) as a for- profit corporation. As doing so they feel the need to exercise their religion as Christians. So even knowing that they will lose large amounts of financial gains for closing on Sunday they still do to exercise their religion. They include biblical principles in the way that they operate their business. Who later brought action against the Health and Human Services (HHS) and other government officials and agencies, seeking declaratory and injunctive relief regarding regulation under the Patient Protection and Affordable Care Act (ACA), based on allegations of being forced to provide health care that covers contraception which violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 (RFRA)....
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...across the boundaries that protect religious affiliations before infringing upon their constitutional rights. Recently, an important legal case called Burwell vs. Hobby Lobby was brought to the attention of the Supreme Court. Hobby Lobby is a family-owned Christian arts and crafts store who felt that the requiring of religious businesses to provide insurance coverage for contraception under the Affordable Care Act violated their rights under the Religious Freedom Restoration...
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...Contraception as an Employee Health Insurance Benefit The Issue: The Supreme Court recently agreed to hear a case regarding whether nonprofit groups affiliated with religious institutions are required to provide free insurance coverage for contraception to employees. (Liptak, A. 2015, November 6) The Department of Health and Human Services (DHHS) allows religious, nonprofit organizations to be exempted from directly financing access to birth control; however, the employees still have a right to birth control and the insurance companies subsidize contraceptives for the religious nonprofit organizations. (Burwell v. Hobby Lobby 2014) In the new case that will be before the Supreme Court early next year, nonprofit organizations will be arguing that the act of filing for an exemption to shift the financial requirement for employee access to birth control through employer sponsored health...
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...control and contraceptives should not be covered by employers and insurance companies simply because they are greatly misinformed on the subject. Due to the many beneficial effects that they offer their users, all forms of contraceptives should be covered by all employers and insurance companies. One of the most recent issues involving employers denying their female employees the coverage of contraceptives is the case of Burwell vs. Hobby Lobby. The Affordable Care Act requires that employer health plans include coverage for preventive services and the federal government has issued regulations defining contraceptive care as one of the services that must be covered. The plaintiffs in these consolidated cases are two for-profit business corporations that sought, and were awarded, an exemption from that general rule under the Religious Freedom Restoration Act ("Burwell v. Hobby Lobby Stores & Conestoga Wood Specialties Corp. v. Burwell") . However, this decision made by the Supreme Court is completely ludicrous and unlawful. The five male justices who sided with Hobby Lobby essentially said that a boss’s opinion about birth control overrides a woman’s personal choices, and women are incapable of...
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...BURWELL v. HOBBY LOBBY STORES, INC., 134 S. Ct. 2751, 2782 (2014). UNITED STATES SUPREME COURT Facts: Hobby Lobby, Inc. is owned and operated by the Green family, who run their business based on principles of the Christian Faith. One of the many values of the Christian Faith is that the use of contraceptives is immoral and should not be legal. However, the Patient Protection and Affordable Care Act established that a list of predetermined conditions will be made more affordable and the quality of related healthcare shall increase regardless of race, sex, or monetary status. Items on the list of predetermined conditions included contraception methods, which went against Hobby Lobby’s core values. Hobby Lobby claimed that they should not be required,...
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...Hobby Lobby Inc., an Oklahoma City arts and crafts chain opposes on religious grounds to opening its purse for contraceptives mandated by the ACA. This case is not much different from the cases being brought by Catholic organizations in opposing to the contraceptive mandate, except these religious groups object to all kinds of birth control and is a for-profit corporation. In this case, the owners of Hobby Lobby are typical evangelical Christian family, and defied the ACA by saying their beliefs deem certain contraceptive attempt nefarious and therefore they did not owe to aid offer to employers under the law, freedom of religion. On June 30, 2014, the Supreme Court judged in the Hobby Lobby case that "closely-held" companies with religious protestations will be waived from a...
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...which was signed by President Barack Obama in 2010. The Affordable Care Act is about the new health insurance, which aims to cover everyone in the United States. “Under the Affordable Care Act, the Federal government, State governments, insurers, employers, and individuals are given shared responsibility to reform and improve the availability, quality, and affordability of health insurance coverage in the United States.” (Reyes, 2013) This article concludes five specific provisions of the Affordable Care Act about improving the quality and efficiency of health care. After that, three regulations based on the Affordable Care Act will be discussed. Finally, the Constitutionality of the ACA will be discussed as it refers to two landmark cases. Five Provisions of the ACA There are many provisions in Affordable Care Act, and all the provisions I choose are from title III—improve the quality and efficiency of health care. In my opinion, the most important factors of health care are the quality and efficiency which are indispensable in the Affordable Care Act. My choices are about the data collection from the patient and privacy protection, the performance report, the treatment for cancer hospitals, prescription drug’s benefit and risk, and guarantee benefit for Medicare. Provision 1. SEC. 399II [42 U.S.C. 280-1]. Collection and Analysis of Date for Quality and Resource Use Measures This provision is about the collection and analysis of data for quality and resource use measures...
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...Patient Protection and Affordable Care Act Diana Gonzalez Perez Florida International University Introduction The Patient Protection and Affordable Care Act (PPACA) was signed into law on March 23, 2010 by President Barack Obama. The PPACA was enacted to address the lack of quality health care delivery to the 49 million uninsured Americans, a number which has grown with the slow economic growth our country is experiencing (Rattue, 2011). As part of this legislation there are ten provisions, all which are important to comprehensive healthcare reform. Each provision addresses specific functions of the current healthcare delivery system including insurance, reimbursement, medications, and taxes. In this paper, specific provisions of the PPACA will be discussed as well as the legal implications of the legislation. Provisions The PPACA has ten provisions which supply legal guidance for the health care reforms expected to take place from 2010-2014. These provisions will continue to affect the Nation as healthcare continues to evolve. Title I. The quality, affordable health care for all Americans provision includes subtitles A-F. Title I sets the basic guidelines required to implement the PPACA legislation. Subtitle A. Subtitle A sets specific guidelines to be followed by health plans including the prohibition of establishing lifetime limits or annual limits for any participant or beneficiary after January 1, 2014, but permits a restricted annual limit for plans...
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...Historically, corporations had tried to gain recognition as “people” or as individual human beings; however, corporations in a sense are not human beings because a corporation has multiple owners or shareholders. In 1809, the case that began this general idea was the Bank of the United States v. Deveaux, the government sued a tax collector in Georgia for failing to pay state taxes on his property. In Deveaux defense, the argument was that he could to be sued since a corporation was not a person; therefore, the verdict was on Deveaux favor (Santa Clara, 1886). However, in the year of 1886, a case was beneficial for the corporations since they gained the acceptance to be identified as a human being. The case of Santa Clara County v. Southern...
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...Economics Analysis: Obamacare One of the hottest topics right now on everyone’s mind is the issue of healthcare and just who’s responsibility is it provide it and who is entitled to receive it. Our system is broken. We have veterans going without proper care, facilities closing, the cost of healthcare rising, and the amount being paid to doctors is rising. Republicans do not feel it is the government’s right to force Americans to have healthcare and Democrats want it available to all and affordable. Christians are seen as conservatives and unwilling to compromise and unwilling to compromise. I questions whether or not people truly understand the meaning of a conservative. The main difference between liberals and conservatives is their attitude towards government. Conservatives begin with 1) the presupposition of the existence of God and, accordingly, believe 2) that man is of spiritual origin and nature and of infinite, eternal value. Additionally, although they draw their inspiration from a variety of intellectual traditions, their view of the institutions includes the view that 3) government should be limited in power (Martin, 2006, pp. 232-233). Our country was founded on biblical principles, but we have strayed away from those. We have become soft and accommodating. So what do Christians think of Obamacare and how we should be taking care of thy neighbor as God commands? The biggest contributors to increasing medical expenses currently are: 1) Government regulation,...
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...Connecticut. The Court argues that regardless of where the right to privacy is found in the Constitution, it is broad enough to allow a woman to decide whether or not she is going to terminate her pregnancy. The Court listed several factors that impact a woman’s right to choose including mental and physical health, financial factors, and family life. It can be inferred from the majority opinion that the right to privacy encompasses the compelling state interest. Allowing a woman to choose to have an abortion, or not, allows the woman’s best interest to be highly prioritized. The dissenting opinion of the case is that the compelling state interest test was already decided as a legal matter and its standing was violated “under the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. Justice Holmes also dismisses the trimester analysis because it: “outlines the permissible restrictions the State may impose in each one, for example, partakes more of judicial legislation than it does of a determination of the intent of the drafters of the Fourteenth...
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...“citizen” would have the right to be a citizen in the fifty states of the US, but that is not the case for corporations incorporated in the US. If corporations cannot be considered fully citizens of the US in the fifty states, as the US’s Fourteenth Amendment states it, then personified-corporations cannot vote in a US...
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