Court Fight
By CHARLES M. BLOW
One thing that often gets lost in the moment-to-moment measurements of a president’s efficacy and his legacy is one of the most enduring and resilient effects he can have on American life: court appointments.
This week we were reminded once again of how much sway federal judges hold as they dealt several setbacks to liberal causes.
The conservative Court of Appeals for the District of Columbia struck down the birth control mandate in the Affordable Care Act, which required employers to offer contraceptive coverage to their employees.
The conservative Court of Appeals for the Fifth Circuit reinstated most of Texas’ new abortion restrictions that a federal district judge, Lee Yeakel, had struck down as imposing an undue burden on women seeking abortions.
(More here.)
One thing that often gets lost in the moment-to-moment measurements of a president’s efficacy and his legacy is one of the most enduring and resilient effects he can have on American life: court appointments.
This week we were reminded once again of how much sway federal judges hold as they dealt several setbacks to liberal causes.
The conservative Court of Appeals for the District of Columbia struck down the birth control mandate in the Affordable Care Act, which required employers to offer contraceptive coverage to their employees.
The conservative Court of Appeals for the Fifth Circuit reinstated most of Texas’ new abortion restrictions that a federal district judge, Lee Yeakel, had struck down as imposing an undue burden on women seeking abortions.
(More here.)
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2 Comments:
The power of judges cannot be overlooked -- especially when they are given an opportunity to interpret legislation.
The Blow article cites the recent decision by the D.C. Circuit court involving the contraceptive mandate included in the Obama administration's health care reform law. The impact of this decision on that Ohio company could impact the decision on the Annex Medical lawsuit
Strib has the background on the Annex claim but in short, Annex has 16 employees and is exempt from the requirement to offer health insurance .. yet, they are arguing that it violates their religious views. On its merits, the 8th Circuit Court of Appeals could deny the suit because they lack standing … but that may mean that it would just get appealed up until it reaches another level.
The D.C. Court’s ruling involves Francis and Philip Gilardi, owners of Freshway Foods and Freshway Logistics. The two companies collectively employ about 400 employees over 23 states (including Minnesota {look in the CUB parking lot sometime for their trucks}) and operate a self-insured health plan through a third-party administrator and stop-loss provider. As adherents of the Catholic faith, the Gilardis oppose contraception, sterilization, and abortion. Freshway Foods trucks bear signs stating, ‘It’s not a choice, it’s a child,’ as a way to promote the owners’ anti-abortion views to the public. Freshway Foods has deliberately excluded contraceptives, sterilization, and abortion-inducing drugs from its company health coverage for 10 years. Judge Janice Rogers Brown wrote for the court, in a divided decision, that “the Gilardis are burdened when they are pressured to choose between violating their religious beliefs in managing their selected plan or paying onerous penalties" (which they estimate would be more than $14 million).
Essentially, it appears that Judge Brown disagree with the fact that representatives chosen by the American people, rather than unelected judges such as themselves, get to decide America’s employment regulations. Judge Brown, a GW Bush appointee confirmed by a 56-43 margin, has made other controversial rulings and it makes you wonder what’s next -- will minimum wage, child labor, worker safety also fall under the rights of the business owner.
Like the Annex question of standing, the Freshway Foods case presents a similar problem -- while the brothers' religious beliefs can dictate their individual life and decide to not to use contraceptives, since employees would have to avail themselves to contraceptive services, there is no assurance that employees would do that. Yet, they are suing to enforce their right to tell others that they should not avail themselves to those options.
I guess the point is that appointing judges matter ... and don't think for a moment that if a Republican gets to pick the next SC Justice that Judge Brown would not be considered ... she was on the shortlist when Bush picked Samuel Alito.
Sounds like Mr. Blow missed the 'good old days' of FDR's court packing.
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