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The background of the Affordable Care Act
The background of the Affordable Care Act
Analysis of burwell v hobby lobby
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Historical Background and Issues On the 30th of June of 2014, the Supreme Court of the United States announced that “the Religious Freedom Restoration Act allows for-profit companies to deny contraception coverage to employees based on a religious objection”. Essentially, this ruling only applies to the contraceptive mandate in question, rather than to all possible objections of the Affordable Care Act. So, in layman’s terms the Supreme Court’s ruling is that the Religious Freedom Restoration Act is to be read as applying to corporations [since they are composed of individuals who use them to achieve desired ends]. Before this case was taken to the Supreme Court, the Greens [representing Hobby Lobby Stores, Inc.] decided to sue Kathleen Sebelius [the Secretary of the Department of Health and Human Services]. This case presented …show more content…
However, within these cases there were possessors of for-profit corporations, that had sincere Christian beliefs that life began at conception [and that it would be a violation of their beliefs to allow for access to contraceptive drugs]. It should be mentioned that :
…the Greens, their children and their companies – Hobby Lobby Stores and Mardel – were also denied a preliminary injunction, but the Tenth Circuit reversed. It held that the Greens’ businesses are ‘persons’ under [the] RFRA, and that the corporations had established a likelihood of success on their RFRA claim because the contraceptive mandate substantially burdened their exercise of religion and HHS had not demonstrated a compelling interest in enforcing the mandate against them…
With this reasoning, the Greens were able to gain the favor of most of the Supreme Court Justices.
Factual Background of the
As I was looking through dozens of articles about the topic of pro-choice I came across one article that
Melanson, Glen. “How the Contractualist Account of Preconception Negligence Undermines Prenatal Reproductive Autonomy.” Journal of Medicine and Philosophy 38.4 (Aug. 2013): 420-425. Health Reference Center Academic. Web. 09 Feb. 2014.
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the authority to restrict the use and sale of contraceptives. Though it is not contraceptives, anymore, that is at the heart of the abortion debate, this ruling was the first step to the expectation of constitutional privacy.
Although abortion has been legal for more than 30 years, the Roe vs. Wade decision is currently in jeopardy of being overturned by the Bush administration. Weddington divulged her personal fears about the decision being overturned by the court on any grounds. She stated that the damage will be long lasting and many women will suffer. Currently, there is a big effort by those opposed to abortion to give the fetus rights. Recent Bush administration regulations want to declare that a fetus is a child under the government's State Children's Health Insurance Program. This change would refute one of Weddington's arguments in Roe vs. Wade that the government has never treated the fetus as a person.
Abortion is a topic that many don’t want to discuss. It’s a very personal decision that many women have to make each day, but in certain states, getting an abortion was becoming an even more difficult process. Not only did women have to decide to get an abortion that alone is a difficult choice, they now had to wait 24 hours, minors had to get consent, and/or inform the father of the child. But after all of this process, what if a woman couldn’t receive all of this? Would she be denied her right to get an abortion? The Supreme Court case, Planned Parenthood of PA v. Casey, wasn’t known for what it did, but mainly for what it did not do, which was not overruling Roe v. Wade, but reaffirming a woman’s right to an abortion; it questioned a state’s right to impose or place an “undue burden” on women.
It’s a privately held corporation that is owned by a group of devout Evangelical Christians. The case of Hobby Lobby vs. Burwell, surrounds around the Affordable Care Act and contraception. Hobby Lobby claimed the government “cannot require businesses to provide drugs that terminate a fertilized egg if they object on religious grounds” (Fox New 2014). Hobby Lobby stated that they would pay for 16/20 contraceptives offered under the Affordable Care Act, but would not offer the four that terminated a possible fertilized fetus, as it went against their religious beliefs and religious liberty. Hobby Lobby also appealed that they have provided contraception to women for years even before the Affordable Care Act. In the end, the Supreme Court recently ruled by a 5 to 4 vote that Hobby Lobby had the right to limit what contraceptives are offered in their employee’s health care plan on religious grounds. The decision was ultimately based around the Religious Freedom Restoration Act which states that “governments should not substantially burden religious exercise without compelling justification”(Tannahill 2012). In other words, Hobby Lobby was going to be burdened with federal fines for not following the law stated under the Affordable Care Act. What also compelled the Supreme Courts’ decision was that Non-Profit Organizations were already exempt
First, it is imperative to comprehend the implications of the case Sebelius v. Hobby Lobby. This court case is still in litigation and pertains to the Fourteenth Amendment, the Affordable Care Act (ACA), religious freedom, and woman’s access to contraceptives. The ACA requires all insurance companies to cover forms of female birth control. The ACA also requires l...
They only have one simple view. They do not want the government to require them to cover certain birth control methods, to their female employees, which goes against their religious beliefs. David Green, CEO of the arts and craft store, Hobby Lobby, Inc., explains “We believe that the principles that are taught scripturally is what we should operate our lives by … and so we cannot be a part of taking life,” employers with similar views are strictly opposed to the contraceptive method, the intrauterine device (IUD), as motioned in the beginning. IUDs are small (usually around 40 mm long), plastic, “T-shaped” devices that women will have inserted into their uteri, by her health care professional, to prevent pregnancy.
Overall, the ruling in this case was a perfect interpretation of the Constitution. Despite opposition claiming that it is not addressed in the Constitution, too few rights are ever addressed in the Constitution of the United States. That is why there is a thing called Judicial Review. By utilizing judicial review, the interpreters of the law –Supreme Court, may make changes to policies and laws. Abortion, medicinal marijuana, and marriage fall under the umbrella of Equal Protection since they correspond to the rights and liberties of US citizens.
Since the initiation of the Affordable Care Act in 2010, Americans have been put back in charge of their individual health care. Under this new law, a health insurance marketplace provides a haven for individuals without insurance to gain coverage. Just this year, citizens found out early whether they qualified for Medicare or the CHIP formally known as the Children’s Health Insurance Program. So much is to be learned about the Affordable Care act and this paper provides the roles of the different governmental branches, along with other important factors associated with this law.
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
...nvolving for-profit corporations. Hobby Lobby Inc. is one of the plaintiffs. David Green and his family are the owners and say their Christian beliefs clash with parts of the laws’ mandates for comprehensive coverage. Companies that refuse to provide the coverage could be fined up to $1.3 million daily. The Obama administration has defended the law and federal officials say they have already created rules exempting certain nonprofits and religiously affiliated organizations from the requirements. The cases accepted by the Supreme Court were Sebelius v. Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corp. v. Sebelius.
Describe two to three performance measures that an analyst could use to assess the effectiveness of the Affordable Care Act. The New York Times article discusses several.
As of this writing the U.S. Supreme Court has agreed to take up the case of Little Sisters of the Poor House for the Aged v. Burwell, which deals with the issue of whether religious organizations can be required to certify to their insurance or to the government that they oppose coverage of contraceptives, thus triggering the provision of contraceptives by the insurance company at no cost to the religious organization. The Little Sisters of the Poor contend that the triggering that occurs when they are required to certify that they are opposed to the provision of contraception makes them complicit in an action that violates their firmly-held religious views. Whether the Supreme Court will agree is an open
Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.