“No Constitutional Freedom Is Limitless”: Companies Are Not Churches, And Must Conform To Modern Laws
What do contraceptives have to do with religion?
As a liberal Protestant, I see no connection — but that’s beside the point. There are plenty of sincere Catholics and conservative Protestants who believe the use of contraceptives, or at least some types of them, is sinful. That’s reason enough to be careful about any broad government regulations involving birth control.
Religious liberty is a cornerstone of the American way of life, a fundamental principle of the U.S. Constitution. The Founding Fathers were close enough to the bloody religious wars in Europe to try to found a country safe for pluralism, respectful of all religions while requiring none. If there is any such thing as American exceptionalism, freedom of religion is certainly one of its hallmarks.
Still, no Constitutional freedom is limitless. For more than a century, jurists have restricted religious liberties when they interfered with other important values. The Supreme Court did so as early as 1879, when it ruled against polygamy, practiced by some Mormons at the time.
That’s why the U.S. Supreme Court ought to rule against two corporations whose owners are fighting the requirement — a tenet of Obamacare — that employers’ health insurance plans pay for birth control. If businesses are given an exemption from a valid law that serves a useful public purpose because they claim it violates religious beliefs, where would it end?
(I’m leaving it to others to argue the perfectly valid point that corporations don’t have religious beliefs. They are not people. How many corporations have you ever seen sitting in the pews on Sunday?)
There are plenty of businesses and institutions that believe they have the right to fire gays and lesbians because homosexuality violates their religious beliefs. Some religious groups would keep outdated practices toward women, banning them from most high-powered jobs. While many people genuinely believe their God requires that, our civil society puts a premium on promoting equality.
If the two values are in conflict, individuals’ right to equality ought to win out. In a 1993 religious liberties case involving the use of peyote, Justice Antonin Scalia, himself a hyper-conservative Catholic, quoted from an earlier case when he wrote for the majority: “Can a man excuse his practices … because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself.”
The case involving contraception is no different. The government has an overriding interest in ensuring that women’s health care is treated no differently from men’s, and reproductive services are vital. (As President Obama has noted, if men could have babies, contraception would already be a standard provision of all health insurance policies.)
For the record, laws have long been necessary to require health insurers to pay for certain procedures and pharmaceuticals. For example, the Georgia Legislature insisted in that 1990s that insurers pay for breast cancer screenings, which has helped to improve survival rates.
Since contraceptive use would help prevent abortions, religious conservatives ought to be among the most enthusiastic proponents of birth control coverage in health insurance. But one of the companies that opposes the law — Hobby Lobby, a chain of craft-supply stores — is owned by Southern Baptists who believe some forms of birth control, such as intrauterine devices, are tantamount to abortion. The other company involved in the Supreme Court case, Conestoga Wood Specialties, is owned by Mennonites who don’t believe in birth control of any sort.
The Obama administration has rightly compromised over religious objections to birth control mandates, exempting churches and other religious institutions. But corporations are not churches, no matter who owns them. Hobby Lobby and Conestoga Wood should be required to abide by the laws of a modern state.
Otherwise, where would this end? Bigotry operating under the auspices of the Bible could once again become the law of the land.
By: Cynthia Tucker, The National Memo, March 29, 2014
“The Real Job Killers”: Forget What Republicans Say, The Real Job Killers Are Lousy Jobs At Lousy Wages
House Speaker John Boehner says raising the minimum wage is “bad policy” because it will cause job losses.
The U.S. Chamber of Commerce says a minimum wage increase would be a job killer. Republicans and the Chamber also say unions are job killers, workplace safety regulations are job killers, environmental regulations are job killers, and the Affordable Care Act is a job killer. The California Chamber of Commerce even publishes an annual list of “job killers,” including almost any measures that lift wages or protect workers and the environment.
Most of this is bunk.
When in 1996 I recommended the minimum wage be raised, Republicans and the Chamber screamed it would “kill jobs.” In fact, in the four years after it was raised, the U.S. economy created more jobs than were ever created in any four-year period.
For one thing, a higher minimum wage doesn’t necessarily increase business costs. It draws more job applicants into the labor market, giving employers more choice of whom to hire. As a result, employers often get more reliable workers who remain longer – thereby saving employers at least as much money as they spend on higher wages.
A higher wage can also help build employee morale, resulting in better performance. Gap, America’s largest clothing retailer, recently announced it would boost its hourly wage to $10. Wall Street approved. “You treat people well, they’ll treat your customers well,” said Dorothy Lakner, a Wall Street analyst. “Gap had a strong year last year compared to a lot of their peers. That sends a pretty strong message to employees that, ‘we had a good year, but you’re going to be rewarded too.’”
Even when raising the minimum wage — or bargaining for higher wages and better working conditions, or requiring businesses to provide safer workplaces or a cleaner environment — increases the cost of business, this doesn’t necessarily kill jobs.
Most companies today can easily absorb such costs without reducing payrolls. Corporate profits now account for the largest percentage of the economy on record. Large companies are sitting on more than $1.5 trillion in cash they don’t even know what to do with. Many are using their cash to buy back their own shares of stock – artificially increasing share value by reducing the number of shares traded on the market.
Walmart spent $7.6 billion last year buying back shares of its own stock — a move that papered over its falling profits. Had it used that money on wages instead, it could have given its workers a raise from around $9 an hour to almost $15. Arguably, that would have been a better use of the money over the long-term – not only improving worker loyalty and morale but also giving workers enough to buy more goods from Walmart (reminiscent of Henry Ford’s pay strategy a century ago).
There’s also a deeper issue here. Even assuming some of these measures might cause some job losses, does that mean we shouldn’t proceed with them?
Americans need jobs, but we also need minimally decent jobs. The nation could create millions of jobs tomorrow if we eliminated the minimum wage altogether and allowed employers to pay workers $1 an hour or less. But do we really want to do that?
Likewise, America could create lots of jobs if all health and safety regulations were repealed, but that would subject millions of workers to severe illness and injury.
Lots of jobs could be added if all environmental rules were eliminated, but that would result in the kind of air and water pollution that many people in poor nations have to contend with daily.
If the Affordable Care Act were repealed, hundreds of thousands of Americans would have to go back to working at jobs they don’t want but feel compelled to do in order to get health insurance.
We’d create jobs, but not progress. Progress requires creating more jobs that pay well, are safe, sustain the environment, and provide a modicum of security. If seeking to achieve a minimum level of decency ends up “killing” some jobs, then maybe those aren’t the kind of jobs we ought to try to preserve in the first place.
Finally, it’s important to remember the real source of job creation. Businesses hire more workers only when they have more customers. When they have fewer customers, they lay off workers. So the real job creators are consumers with enough money to buy.
Even Walmart may be starting to understand this. The company is “looking at” whether to support a minimum wage increase. David Tovar, a Walmart spokesman, noted that such a move would increase the company’s payroll costs but would also put more money in the pockets of some of Walmart’s customers.
In other words, forget what you’re hearing from the Republicans and the Chamber of Commerce. The real job killers in America are lousy jobs at lousy wages.
By: Robert Reich, The Robert Reich Blog, February 28, 2014
“Not Just For The Few”: A Government To Love, One That Works For Everybody
Rep. Steve King of Iowa told a local TV station a few weeks ago that “the best thing anybody can do” in Congress is not come up with positive solutions, but to “kill bad bills.” He wasn’t just speaking for himself. He was explaining the philosophy of today’s right wing.
Of course elected officials should oppose bills they disagree with. But King and his party have taken this to an extreme, opposing any efforts to use the power of government to fix problems that affect ordinary people. This anti-government strain of the Tea Party that is calling the shots in today’s GOP doesn’t represent just hands-off libertarianism, as many would like us to believe. The Tea Party does want government to work: but they only want it to work for a few of us.
This growing movement that claims to be anti-government has caught us up in almost daily skirmishes over federal programs and budget line items. But these battles have obscured the real issue. It’s not a big government vs. small government debate. It’s a debate about who the government works for.
It’s not enough for progressives to fight these selective battles. We must also go on the offense, envisioning and proudly defending a government that works. A government that works serves the needs of all Americans. A government that works provides a safety net that allows us to take reasonable risks. A government that works is one that helps make the American Dream possible for everyone.
It’s important to note that the bashers of big government aren’t really against government in any form. They’re fine with the government that they want; they just don’t want one that serves all of us. When the Ted Cruz wing of the Republican Party shut down the federal government for weeks on end last year with their bluster about cutting the size of government, not everyone was hurt equally. Hundreds of thousands of government employees were sent home without pay, and government agencies shut down many services for low-income people, veterans, pregnant women, and National Institutes of Health patients. Also on hiatus: yes, environmental and financial regulators.
When the Senate refused to confirm any of President Obama’s nominees to the influential Court of Appeals for the D.C. Circuit, it wasn’t just a refusal to let government do its job and thereby limit the work of the court. It was an attempt to preserve a Republican-appointed majority on the court that had been consistently rewriting the law to favor the interests of large corporations — that kind of government, they like just as is.
When the House Republicans voted to make drastic cuts to food stamps and Senate Republicans filibustered an effort to extend unemployment insurance to the long-term jobless, they weren’t concerned with shrinking the size of government. Instead, they focused their “small government” rhetoric on the minor portion of federal spending that goes to helping everyday Americans get a chance.
Unsurprisingly, the right, led by Senate Minority Leader Mitch McConnell, also favor “small government” when it comes to letting corporations and wealthy individuals give huge amounts of unaccountable money to political campaigns, drowning out the voices of individual Americans. Limits on campaign spending, some of which go back more than a century, are what allowed us to build our strong, vibrant government of the people — a government that is now under constant attack.
When President Obama said in his State of the Union address that “it should be the power of our vote, not the size of our bank accounts, that drives our democracy,” he wasn’t offering a platitude. He was outlining a clear vision of government that works. We must remain aware of what the government-bashers are really after and proudly stand for a government that works for all Americans.
By: Michael B. Keegan, President, People For the American Way; The Huffington Post Blog, February 7, 2014
“CVS, Smokes And Liberal Fascism”: Fox News Turns Up The Stupidity
In Fox News Land, no one does anything in the public interest. It’s just Obama’s commie thugs bullying a corporate giant to do what the president thinks is ‘good for you.’
Bravo, CVS. That’s a bold and even historic move, banning cigarettes. It’s true it isn’t costing the company much—the sticks accounted for just $2 billion of its $123 billion in revenue last year, according to The New York Times. But even so, it’s a decision by an American mega-corporation that was made in… sit down and steady yourself… the public interest! Everyone’s for that, right? Right? Wait, what’s that rumble I hear over the gloaming?…
Why, it’s Fox News! And they aren’t happy. Yes—you read that right. On Fox News, CVS’s decision not to sell an addictive product that kills hundreds of thousands of Americans prematurely every year stinks of a big commie plot. Daytime host Gretchen Carlson said something idiotic Wednesday even by daytime Fox News’s idiotic standards. From Media Matters:
“Is it OK legally… to restrict tobacco availability in a private store like this?” She questioned her guests as to whether they would continue shopping at CVS and observed that, “For people who smoke, you know, they have a right to buy cigarettes. It’s not illegal.”
Is it legal?! Good God. Quintuple bacon cheeseburgers are legal. And yet, some restaurants choose not to offer them! Lawbreakers! Pinkos!
Yes, pinkos, see, because they’re becoming part of, you guessed it, the Obama agenda. That was the worry of Neil Cavuto, who wondered if CVS was “getting scaredy cat” since “with the health-care law and the changes and everything else,” selling tobacco products “didn’t look good.” And to round things out, Dana Perino, who actually used to stand at a podium to convey to the American people the substance of their government’s positions and policies, asked on the show called The Five: “Is this President Obama now saying that corporations are allowed to have values and express them? Because if that’s the case, maybe corporations then don’t have to provide contraceptive care to their employees or their health plans.”
See the thread there? It’s Obama’s fault. A corporation makes a decision of its own volition, on the highly logical grounds that if it purports to be in the health business it shouldn’t also be in the cigarette business, and it’s Obama’s fault. If he weren’t out there making people buy insurance, and if that nettlesome wife of his weren’t forcing all these poor children to grow all that awful kale, if they weren’t trying to make America… healthy (!), CVS never would have done this.
Perino turns up the stupid by dragging in the Hobby Lobby case. Private corporations in the United States can do a lot of things. If that Chick-Fil-A guy wants to close on Sundays to honor Jesus? Fine, let him. But there are things corporations can’t do—there are laws and regulations they have to follow. And they have never claimed a right to the free exercise of their religion. That’s because corporations aren’t people, my friend. They don’t have a religion. They have Catholic and Methodist and Jewish and Hindu and Muslim and Jainist and atheist and all kinds of employees. The idea that a corporation has a religious “value” is preposterous, although with this Supreme Court, admittedly anything is possible.
But that’s a side point. What Fox News is really unhappy about, of course, is what it likes to call “liberal fascism,” as defined by the concept’s savant, Jonah Goldberg. As I slogged my way through Goldberg’s tedious book on the subject a few years back (producing this rather amusing review), I noticed that as he plowed through history, liberal fascism started out as, oh, the Civilian Conservation Corps, which I recall him comparing to the Hitler Youth. After all, both were in the 1930s, both involved kids wearing uniforms, both movements professed the goal of social uplift. One was dedicated to the greater glory of one man; the other to flood control and forest protection—but OK, Jonah, whatever.
Once he got to our time, Goldberg was reduced to arguing that the liberal-fascist tendency was alive and well in Whole Foods. Because Whole Foods purveys salubrious items, wants you to have things that are “good for you,” and that sounded to him suspiciously like things Hillary Clinton wants, and she’s the biggest liberal fascist of all. Or was until Obama. Who is—until he leaves the White House and Hillary moves back in when she’ll take back over.
So now, anything a corporation does that smacks of being in the public interest will reek of liberal fascism and will thus be met with resistance in Ailes-land. Car companies pursuing improved gas mileage, introducing more hybrids? Manufacturers using sustainable materials and processes? Junk-food makers cutting back on the sugar and salt? They’re not trying to do anything good for the world. They can’t be doing that. Normal, good, red-blooded, private-sector Americans don’t do that. There must be a reason, and in Foxland, it’s that these folks are ninnies who are just preemptively kowtowing to the thugs Obama keeps on the payroll to dream up new rules Americans should have to live by.
The silver lining here is that they’re on the losing side of history. One imagines that in due course, Rite Aid will follow, and Walgreens, and Duane Reade, and in a few years’ time cigarettes will be out of all drugstores. And then the convenience stores will start to tumble, and the vast majority of Americas will agree that this is fine. And the Fox News demographic will start aging into the grave, and Gretchen Carlson can go on fuming to a smaller and smaller audience, and the rest of us will be able to say to them, in the words of Stevie Winwood: Light up and leave us alone.
By: Michael Tomasky, The Daily Beast, February 7, 2014
“Raising The Minimum Is The Bare Minimum”: What America Needs Is To Shift Income From Capital To Labor
In 1995, when John Sweeney ran the first and as-yet-only insurgent campaign for the presidency of the AFL-CIO, his platform took the form of a book entitled America Needs a Raise. If that title rang true in 1995, it clangs with deafening authority today.
Which leads us to the only problem with the current campaigns to raise the minimum wage: It’s not just workers at the low end of the wage scale who need a raise. It’s not just the work of the bottom 9 percent of labor force that is undervalued. It’s the work of the bottom 90 percent.
Conservatives who oppose raising the minimum wage argue that we need to address the decline of the family and the failure of the schools if we are to arrest the income decline at the bottom of the economic ladder. But how then to explain the income stagnation of those who are, say, on the 85th rung of a 100-rung ladder? How does the decline of the family explain why all gains in productivity now go to the richest 10 percent of Americans only? And are teachers unions really to blame for the fact that wages now constitute the lowest share of Gross Domestic Product since the government started measuring shares, and that corporate profits now constitute the highest share?
We need to raise the minimum wage, but that’s only the start. Even more fundamentally, we must reverse the deeper and more profound redistribution of wealth that has now plagued the nation for several decades: that from capital to labor.
For as income from work declines for the nation as a whole—inflation-adjusted median hourly wages are now more than $1.50 lower than they were in 1972—income from investment soars. The stock markets are hitting record highs, and major corporations are using the $1.5 trillion they have lying around to raise not wages but dividends. They are also using some of that cash to buy back their own stock, which raises the value of the outstanding shares, to which, happily, most CEO’s compensation packages are linked.
The institutions that once ensured that American workers actually got their share of the pie—unions—have been so thoroughly battered down that they can no longer effectively bargain for raises. That leaves that other instrument of the popular will— the state—as the sole remaining institution that can bargain for workers. That’s why the minimum wage, the living wage and the Earned Income Tax Credit have taken on a greater significance than they previously held: They not only raise the incomes of the poor, but are the last remaining vehicles for raising wages.
That’s why just stopping with raising the minimum, important though that be to the nation’s economic and moral health, is nowhere near enough. Making it safe again for workers to try to join unions is a necessity, too, but that’s a fight that labor has been waging for half-a-century with nothing to show for it. The left needs to battle on other fronts as well.
We could begin by shifting the tax burden from labor to capital—after all, income in America has long been shifted from labor to capital. We could abolish the payroll tax on the first $25,000 that people make, substituting for it a higher threshold on taxable income. We could raise the tax rates on capital gains and dividends not just to the same levels as income derived from work but higher still. And we could explicitly designate some of the revenue from capital income to go to a much expanded Earned Income Tax Credit—expanded not just by making the payments more generous, but also by raising the criterion for eligibility well above the government’s poverty threshold.
By explicitly taking back from capital some of the wealth it has taken from labor, government would begin to address the root causes of economic inequality. Not all of them, to be sure: The stratospheric salaries that top corporate executives and Wall Street traders command aren’t capital income as such. One way to rein in executive pay might be to set corporate tax rates by the size of the gap between top executives’ and median workers’ pay, the data on which the Securities and Exchange Commission is supposed to make public under the terms of Dodd-Frank. Or it might be to set corporate tax rates based whether the corporation has a stakeholder or a shareholder board. In Germany, corporations are required to have equal numbers of employee and management representatives on their boards, which has effectively reduced CEO pay at most German companies to a multiple of 10 or 12 times that of its median employee, not the 200 or 300 times that’s the norm in the U.S.
If we want to address economic equality, we need to follow the money. In recent decades, as a result not just of globalization and technology but also of the decline of unions and the rising political power of the rich, the money has almost entirely gone to the rich—in the current recovery, fully 95 percent of income growth to the top 1 percent. So by all means, raise the minimum wage. But don’t stop there.
By: Harold Meyerson, The American Prospect, January 22, 2014
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