Brunhilde Kagan Opens Mouth and Brain Falls Out – Then Inserts Foot
Bill Quick

Startling Rift on Supreme Court Springs From Error by Kagan On Text of Obamacare Law – The New York Sun

Not one word in the Affordable Care Act guarantees health plans will cover birth control products. There is no right. President Obama and his Secretary of Health and Human Services added that requirement by regulation. Women have a constitutionally protected right to use birth control, but nothing guarantees that they can get it from an employer.

It was shocking to hear Justice Kagan make the same spurious claim — that women are entitled to employer provided contraceptives — during oral argument: “Congress has made a judgment and Congress has given a statutory entitlement and that entitlement is to women and includes contraceptive coverage.” Wrong, Justice Kagan. Did you also forego reading the law, like most members of Congress?

Because of Democrat obfuscation, most Americans have no clue about what is actually at issue in this case.

The distinction between a regulation and a law is no small matter. As Hobby Lobby’s lawyer stressed in his closing statement, a statute, in this case Congress’s Religious Freedom Restoration Act, trumps a regulation.

In other words, the Obama administration wrote the contraception requirement into the law after it had passed.  There is no requirement for contraception in the actual law.  The RFRA is also a law, and as such, it overrides any regulation to the contrary.

There are other issues, such as whether Hobby Lobby itself qualifies for relief under the RFRA, but it’s suprising that SCOTUS justices would question the basic contention that statute trumps regulation, not to mention that contraception is not mentioned in the Obamacare statute at all.

In other works when Socialist Warrior Kagan says that Congress provided for the contraception requirement, she’s either a liar or an ignoramus.

I vote for both.

Bill Quick

About Bill Quick

I am a small-l libertarian. My primary concern is to increase individual liberty as much as possible in the face of statist efforts to restrict it from both the right and the left. If I had to sum up my beliefs as concisely as possible, I would say, "Stay out of my wallet and my bedroom," "your liberty stops at my nose," and "don't tread on me." I will believe that things are taking a turn for the better in America when married gays are able to, and do, maintain large arsenals of automatic weapons, and tax collectors are, and do, not.

Comments

Brunhilde Kagan Opens Mouth and Brain Falls Out – Then Inserts Foot — 5 Comments

  1. Does a law necessarily trump a regulation? Many laws these days include boilerplate along the lines of “and regulation in accordance with this law”. It could be argued that Congress intended to give the regulators full authority to determine the meaning of the law. And it doesn’t matter what you think of this argument. All that matters is what nine senescent members of the ruling class think of this argument, and on any given day it’s a good bet that a majority of them are working more from agenda or personal motives than from strict interpretation.

  2. Ok Bad Farce then.

    For example I had thought Ford vs Carter was the lowest we could get as far as elections go.

    Then came McCain vs Obama. They make Ford and Carter look almost palatable. It’s the same all down the line, from Speakers to the SC. The 1970′s is starting to appear out of reach as far as best case scenario.

  3. Here’s another one for you. Under Carter our Embassy was overrun and Americans were held hostage for an extended period. Eventually we got them back unharmed.

    Nowadays Jihadists overrun our Embassy, burn it to the ground and kill our Ambassador and three other Americans. Eighteen months later nobody has suffered any consequences, nothing has been done and Benghazi is all but forgotten.

    We are definitely plumbing new depths if Suckitude here and yes somewhere in mine and your lifetime we crossed a line from America to Not America.

    Because back then we threw Carter out and elected Reagan. Now we send the pResident back to DC for four more years of The Big Suck.