SCOTUS Sides with Corporations in Last Two Rulings

(2 pm. – promoted by ek hornbeck)

Cross posted from The Stars Hollow Gazette

Considering it has sided with corporations in so many of its rulings over the last few years, the out come of the last two rulings by the US Supreme Court for this session were predictable down to the vote.

As in its decision in Citizens United, in a five to four vote, the court rules that just like people, corporations, too, have religious beliefs.

Supreme Court Rejects Contraceptives Mandate for Some Corporationsby Adam Liptak, New York Times

The Supreme Court ruled on Monday that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom.

The 5-to-4 decision, which applied to two companies owned by Christian families, opened the door to challenges from other corporations to many laws that may be said to violate their religious liberty.

Justice Samuel A. Alito Jr., writing for the court’s five more conservative justices, said a federal religious-freedom law applied to for-profit corporations controlled by religious families. He added that the requirement that the companies provide contraception coverage imposed a substantial burden on the companies’ religious liberty. He said the government could provide the coverage in other ways.

Justice Ruth Bader Ginsburg, writing for the court’s four-member liberal wing, said the contraception coverage requirement was vital to women’s health and reproductive freedom. Justices Stephen G. Breyer and Elena Kagan joined almost all of the dissent, but they said there was no need to take a position on whether corporations may bring claims under the religious liberty law.

In an Illinois case with another 5 – 4 ruling, the justices ruled that in-home healthcare workers who are paid by the state cannot be compelled to pay union dues.

Supreme Court Ruling Allows Some Public Workers to Opt Out of Union Fees by Steven Greenhouse, New York Times

The Supreme Court ruled narrowly on Monday that some government employees did not have to pay any fees to labor unions representing them, but the court decision declined to strike down a decades-old precedent that required many public-sector workers to pay union fees.

Writing the majority 5-4 opinion, Justice Samuel A. Alito Jr. concluded that there was a category of government employee – a partial public employee – who can opt out of joining a union and not be required to contribute dues to that labor group.

Justice Alito wrote that home-care aides who are typically employed by an ill or disabled person with Medicaid’s paying their wages would be classified as partial public employees, which would not be the same as public-school teachers or police officers who work directly for the government.

Because states often set wages for partial public employees like home-care aides and because unions often do not conduct collective bargaining for them, these aides cannot be required to pay union fees, Justice Alito wrote. He wrote that requiring these home-care aides to pay would be a violation of their First Amendment rights.

Burwell v Hobby Lobby can be read here and Harris Et Al. v. Quinn, Governor of Illinois, Et Al can be read here

3 comments

    • Janis b on July 2, 2014 at 12:17 am

    regarding home care workers. With my superficial knowledge, I skeptically wonder if it’s purpose is to weaken the unions that collectively bargain for home care employees by ensuring that the union has less money to bargain with. What do you think the decision means?

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