“Ayatollah Alito”: Still Not Sure That Elections Have Consequences?
Ayotallah Ali Hosseini Khamenei, say hello to your new comrade, Ayotallah Samuel Alito. Supreme Leader meet Supreme Court Justice.
And, no, regrettably, this is not hyperbole.
With his pronouncement in Burwell v. Hobby Lobby, Supreme Court Justice Alito signaled to the world that America has joined the world’s theocracies.
This extraordinary nation, borne of the Enlightenment 238 years ago to the day, will now cloak power, policy and even what qualifies as facts in the vestments of religious belief.
Because, as Justice Ginsburg noted in her dissent (p. 65ff), religious beliefs cannot be questioned either for substance or sincerity. If one, for example, asserts scientifically that IUDs prevent implantation of fertilized embryos, the scientific response would be to explain that their mechanism of action is to prevent fertilization (the sperm cannot ‘swim in a dry lake’ to reach the ovum to fertilize it).
But, if one makes the same claim religiously, then that is the end of it, even if it determines the application of public policy. The Court cannot question the assertion nor whether you believe it, and now, post Hobby Lobby, if you are empowered to act upon it, your religious beliefs determines secular policy for other people.
The Koch Boys, for example, can now claim a religious belief that carbon dioxide is not a heat-trapping gas. So, they can now violate EPA regulations so that their “religious freedom” is not burdened. Post Hobby Lobby, the Ayatollah Alito may declare that, e.g., a carbon tax is a “less restrictive” way to “impose” a science-driven public policy upon the Kochs’ religious beliefs about carbon. Will Congress, under the influence of the Koch Boys, pass such a tax? Of course not. Game… set… match… and planet.
God probably reminded Art Pope this morning that the minimum wage is a sin. Is there a “less restrictive” way to establish adequate wages for his employees, so we do not “burden” the poor sot’s religion? The Ayatollah Alito could choose between the Earned Income Tax Credit and workers’ “freedom” to bargain in the free market to establish wages. (I kid you not… listen to JFK’s rally for Medicare, especially 14:36-16:50.)
As previously described, right-wing politics is not just pro-business, it is itself a big business. The more vitriol, the more money the right-wing groups can raise, and it is protected as political speech. By contrast, when a commercial enterprise raises money from investors, or makes claims about its products, it is subject to fines and/or imprisonment for false and misleading claims.
But, that is just speech. Now, post Hobby Lobby, a simple claim of religious belief, blessed by Alito, can be used to thwart public policy so long as there is any “less restrictive alternative,” real or imagined, that can be referenced. It is a full-employment ruling for the Right Wing Belief Tanks, such as Heritage, to concoct the alternatives.
What does this mean for America? Whatever semblance of democratic government has survived its purchase as a result of the Citizens United ruling is now snuffed out by the counter-majoritarian (see, e.g., Bickel, The Least Dangerous Branch) Supreme Court. Does it, should it, matter if the “less restrictive alternative” is even viable? Who decides these matter of public policy? Our new Supreme Leaders.
It means that “closely-held” corporations will have competitive advantages against all the others as they will not have to comply with federal or state law because they are now deemed to be capable of holding religious beliefs about public policy and, if those beliefs conflict with public policy, the beliefs win.
But, it may also have consequences Alito did not consider. For example, if religious beliefs can now stay the application of public policy, will they remain forever free from scrutiny? This is quite different from advocating a public policy position grounded in religious belief. Hobby Lobby allows corporations to thwart enforcement of public policy based upon unchallengeable religious belief.
Moreover, since corporations can now, apparently, hold religious beliefs, as creations of the State, does their very existence not now violate the First Amendment’s Establishment clause? The State, after all, provides corporations with special benefits such as limitations on personal liability, licenses to operate, and so forth. If such entities can themselves have religious beliefs of any kind, has the State not helped establish these religions?
Such considerations will, of course, require the return of some enlightenment to the Supreme Court.
One can almost hear the Founders weeping.
Still not sure that elections have consequences?
By: Paul Abrams, The Huffington Post Blog, July 3, 2014
“Just Something To Think About”: 15 Major Decisions This Year From A Partisan Supreme Court
Since Monday’s dramatic Supreme Court decisions, I’ve seen a few people recall that back in 2000, a lot of liberals justified voting for Ralph Nader (or not voting at all) on the basis that there wasn’t a dime’s worth of difference between George W. Bush and Al Gore. Bush appointed John Roberts and Samuel Alito to the high court, and it’s safe to say that Gore’s nominees would have been somewhat different, so it’s unlikely we’ll be hearing that argument again. Wherever you place your priorities in terms of the actions of the executive branch, at this point in history, the nominating of Supreme Court justices has become extremely partisan, in a way that isn’t necessarily bad.
What I mean is that whatever the preferences of a particular president, his or her nominee will have to fit within a predictable mold set by the president’s party. For Republicans, that probably means someone who served in a previous Republican president’s Justice Department (as both Roberts and Alito did in Reagan’s), is a member of the Federalist Society, may have done some corporate work on the side, and spent a few years issuing safely conservative rulings on an appellate court. For Democrats, it probably means someone who is an academic (like Elena Kagan), or if not, someone whose record on the bench gives a clear indication of their leanings (like Sonia Sotomayor)—and is more likely to be a woman or a member of a racial or ethnic minority.
As George W. Bush found out when he tried to nominate his good buddy Harriet Miers, the president’s party won’t tolerate someone without a clear record—they want to be sure that they’ll get exactly what they expect from a justice. That means that there will be no surprises for anybody (not that people can’t be fooled a little bit; with a friendly smile, a soothing voice, and some patently disingenuous baseball metaphors, John Roberts convinced a lot of Democrats he might be something other than the intensely ideological justice he has been).
As I said, this isn’t necessarily bad; a justice like David Souter who surprises everyone is only pleasing if the surprise works to your side’s benefit. But now that the Supreme Court’s term has ended in dramatic fashion, it’s worth taking a moment to look back on what they did over the past year, in case anyone is harboring any lingering doubts about the importance of the Court. Here are some of the major decisions, and a quick glance at them shows just how much impact the Supreme Court has on all of our lives:
- McCutcheon v. FEC: The law limiting the total amount a donor can give to multiple political candidates was struck down.
- Schuette v. Coalition to Defend Affirmative Action: Michigan’s law banning affirmative action at state universities is constitutional.
- EPA v. EME Homer City Generation: The EPA’s rules curtailing air pollution that travels from one state to another are constitutional.
- Greece, NY v. Galloway: Local officials can open public meetings with sectarian prayers.
- Hall v. Florida: Florida’s rule that anyone with an IQ over 70 can be executed is unconstitutional.
- Wood v. Moss: The Secret Service was justified in moving protesters opposed to the president farther from where he was having lunch than protesters supporting the president.
- Abramski v. U.S.: “Straw purchases” of guns are illegal.
- Lane v. Franks: A whistleblower can’t be fired for testifying in court.
- Utility Air Regulatory Group v. EPA: The Environmental Protection Agency’s ability to regulate greenhouse gas emissions is upheld.
- Riley v. California: Police need a warrant to search your cell phone.
- ABC v. Aereo: Aereo’s model of streaming over-the-air broadcasts to subscribers was declared illegal.
- McCullen v. Coakley: A 35-foot buffer zone to prevent harassment outside abortion clinics was struck down.
- NLRB v. Canning: The president can’t make recess appointments during pro forma Senate sessions.
- Harris v. Quinn: Home health care workers paid by the state don’t have to contribute to unions that negotiate on their behalf.
- Burwell v. Hobby Lobby: “Closely held” companies can deny their employees health coverage for contraception.
These are just some of the 74 opinions the Court delivered during this term. They range over a broad swath of commercial, political, and personal activity. And while there were a few cases where the Court was unanimous, as a general rule the more important a case is, the more likely there is to be a partisan division whose outcome is determined by who appointed the current nine justices.
Three of the current justices (Scalia, Kennedy, and Breyer) are in their 70s, and one (Ginsberg) is in her 80s. The next president, particularly if he or she serves two terms, is probably going to have the opportunity to reshape the Court for decades to come. Just something to think about.
By: Paul Waldman, Contributing Editor, The American Prospect, July 1, 2014
“This Is Not Your Independence Day”: Celebrating The Birth Of An Imperfect Union As The Fight For ‘Freedom’ Has Yet To Be Won
Every year, proud U.S. citizens across the country take a break from daily life to commemorate the birth of America. Dusting off the grill, buying frozen meat en masse, attempting to retreat to the nearest body of water, and putting sparklers in the hands of small children might not be exactly what our founding fathers envisioned, but who am I to argue with a long weekend? I enjoy a good fireworks show as much as the next girl. And beachside BBQs? I’m in. Red, white, and blue happens to be the color scheme of my most flattering bikini, so by all means, pass the veggie dogs and pump up the revelry.
But amidst the pomp and circumstance, please don’t wish me a “Happy Independence Day!”
The 4th of July might commemorate the independence of our country — but it also serves as a bitter reminder that in 1776, the country that I love had no place for me in it.
When our founding fathers penned, “All men are created equal,” they meant it. Not all people. Not all humans. Just all men — the only reason they didn’t feel obliged to specify “white” men is because, at the time, men of color were considered less than men, less than human.
The 4th is not my Independence Day — and if you’re a Caucasian woman, it isn’t yours either. Our “independence” didn’t come for another 143 years, with the passage of The Woman’s Suffrage Amendment in 1919. The 4th of July is also not Independence Day for people of color. It wasn’t until the 15th Amendment was ratified in 1870 that all men had the right to vote regardless of race — on paper, that is, not in practice. People of color were systematically, and all too successfully, disenfranchised for another century. July 4th of 1776 was certainly not a day of Independence or reverence for Native Americans. It wasn’t until 1924 that Native Americans could unilaterally become citizens of the United States and have the voting rights to go with it.
Now, before anyone argues that Independence is about more than voting rights, I’d like to point out that our Founding Fathers would fundamentally disagree with you. The Revolutionary War was fought, in large part, because of “taxation without representation” — the then English colonists believed they were not free because their voices were not represented. The right to vote, the right to have your say is the delineating characteristic of a democracy.
There is nothing finite about freedom. July 4, 1776 was a definitive step forward in the struggle toward freedom and democracy but we were a long way off from achieving it. And while we have advanced in leaps and bounds — my patriotic swimwear goes over way better in Williamsburg, Brooklyn than it would have in Colonial Williamsburg — we are still a far way off from the freedom and independence we’re celebrating.
A resurgence in voter ID laws put in place to once again disenfranchise minorities challenges our collective independence.
This week’s Hobby Lobby ruling — deciding that a woman’s employer has any say in her health care — is a challenge to the ideology of freedom and autonomy our country was founded upon.
The on-going fight for marriage equality prevents same-sex couples in many states from the pursuit of happiness that they are constitutionally guaranteed.
So by all means, enjoy your long weekend. Raise a beer to the ideals of progress and democracy that the 4th of July represents.
But remember that you are celebrating the birth of an imperfect union, remember that the fight for ‘freedom’ has yet to be won — and if you must wish someone a “Happy Independence Day!”, make sure you’re doing something to maintain and advance the Independence you have come to appreciate.
By: Carina Kolodny, The Huffington Post Blog, July 3, 2014
“Battleground 2014”: Better Not Gloat Too Much Over Hobby Lobby, Republicans
At TNR John Judis reminds us that the last time Republicans embraced a Supreme Court decision restricting reproductive rights, it bit ’em in the butt:
In July 1989, the court handed down Webster v. Reproductive Health Services upholding Missouri’s right to restrict the use of state funds and employees in performing, funding, or even counseling on abortions. It was the first court decision restricting the rights bestowed under Roe v. Wade.
The nation, of course, was divided on the issue of abortion. How the issue played politically depended on which side of the debate saw itself under attack, and in this case the Webster decision mobilized pro-choice supporters. The right to abortion became a hot issue in the 1990 elections, and in the final results, abortion-rights supporters came out ahead. There were several telltale races. In Florida, Democrat Lawton Chiles defeated incumbent Republican Governor Bob Martinez, who, in the wake of Webster, had championed restrictive laws for Florida.
In the Texas governor’s race, Democrat Ann Richards defeated Republican incumbent Clayton Williams. According to polls, Richards, who made opposition to Webster a centerpiece of her campaign, garnered over 60 percent of the women’s vote, including 25 percent of Republican women. In the final tally, abortion-rights supporters, running against or replacing anti-abortion candidates, secured a net gain of eight seats in the House of Representatives, two Senate seats, and four statehouses.
What was also striking was the overall size of the gender gap. According to the National Election Studies survey, there was no gender gap between male and female supporters of Democratic congressional candidates in 1988. In 1990, gender gap was ten percentage points—the highest ever. All in all, 69 percent of women voters backed Democratic congressional candidates that year. Of course, there were other issues than Webster that were moving votes, but there is no doubt that the court ruling played an important role that year.
Now it’s true Webster turned on state abortion retrictions and thus was directly relevant to state election battles. But on the other hand, Hobby Lobby involves the elevation of corporate rights over reproductive rights, which is not exactly alien to the political battleground of 2014.
By: Ed Kilgore, Contributing Writer, Political Animal, The Washington Monthly, Jul7 2, 2014
“Hobby Lobby, Megachurches, And The Trouble With Corporate Christianity”: Hobby Lobby Is A For-Profit Craft Chain, Not A Church
It was the most difficult job I’ve ever had. I’ve been a history professor for years, toiled as a graduate assistant before that, and even did a stint as an IT technician. But the three months I worked at Hobby Lobby stocking googly eyes and framing baseball cards takes the cake. I wanted a break from academia but it ended up not being a break at all. I found myself deconstructing and analyzing all aspects of my job — from the Bible in the break room to the prayers before employee meetings and the strange refusal of the company to use bar codes in its stores. (The rumor amongst employees was that bar codes were the Mark of the Beast, but that rumor remains unsubstantiated.) Three months was enough to convince me that there is something larger at work and the SCOTUS decision only confirms my belief that corporate Christianity (and Christianity that is corporate) has made it difficult for Americans to discern religion from consumption.
As a scholar of religious history, I observe the way that faith intersects with culture. I study and publish on megachurches and my interpretation of this week’s events is informed not only by my experiences as an employee at Hobby Lobby but also my knowledge of recent religious trends. My biggest question after hearing the decision was not about the particular opinions or practical repercussions (which are significant and have far-reaching and dangerous consequences). Instead, my first thought was: “What is it about our cultural fabric that enables us to attribute religious rights to a corporate entity?” In the United States we have increasingly associated Christianity with capitalism and the consequences affect both corporations and churches. It’s a comfortable relationship and seemingly natural since so much of our history is built on those two forces. But it’s also scary.
Hobby Lobby is a for-profit craft chain, not a church. I’m stating the obvious just in case there was any confusion because — let’s face it — it’s confusing. It’s as confusing as those googly eyes (do you really need three different sizes, Hobby Lobby, really?). Today, we see giant churches that operate like corporations and now corporations have some of the same rights as churches. Many megachurches adopt “seeker-sensitive” approaches to attract members, relying on entertainment and conspicuous consumption to promote their services. After a while, the spiritual and secular lines start to blur and the Christian and corporate blend. Ed Young, Jr.’s Fellowship Church, for instance, started a “90-Day Challenge” for members. The church asks congregants to pledge 10 percent of their income and promises “that if you tithe for 90 days and God doesn’t hold true to his promise of blessings, we will refund 100 percent of your tithe.”
Megachurches advertise on television, billboards, the Internet. They have coffee shops and gift stores. Some feature go-cart tracks, game centers, even oil changes. Many are run by pastors that also serve as CEOs. So when Hobby Lobby seeks similar religious rights as these very corporate churches, we have to reconsider our definition of religious organizations and maybe even say “why not?” We have normalized corporate Christianity to the point that the Supreme Court deems it natural for businesses to hold “sincere” religious beliefs. The religious landscape in the United States, including our familiarity with megachurches and celebrity pastors, certainly contributes to the acceptance of the church/company conundrum.
The “why not” can be answered, however, with the real costs of the decision. Women’s reproductive rights are compromised. The religious freedom of employees for these corporations is compromised. The sanctity of our religious institutions is also compromised. To protect religious pluralism and freedom of the individual we need clear demarcations between what is spiritual and what is economical. Otherwise, we sacrifice the soul of American religion and all that makes it good and why I study it on the altar of industry. I can’t get those three months at Hobby Lobby back (or the praise muzak out of my head) but I can see more clearly the dangers of allowing corporate Christianity to become the norm. Without clear boundaries, we risk distorting the very idea of religious freedom and the rich, diverse religious culture that makes us who we are. And that’s tragic — maybe not as tragic as praise muzak, but tragic nonetheless.
By: Charity R. Carney, Ph.D.; The Huffington Post Blog, July 2, 2014
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
