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  1. Standard member sasquatch672
    Don't Like It Leave
    03 Nov '13 19:17
    Wow.


    Fed appeal panel says Citizens United might end Obamacare's HHS mandate
    BY: Joel Gehrke November 2, 2013 | 4:35 pm
    LEAVE A COMMENT
    117

    HEALTH AND HUMAN SERVICES BELTWAY CONFIDENTIAL
    Citizens United, the 2010 Supreme Court ruling that bolstered political speech against campaign finance reform limitations, may also mean trouble for Obamacare's contraception coverage mandate, according to the second-highest court in the country.

    Attorneys for Francis and Philip Gilardi argued that the Gilardis should not be required to provide contraception to their employees because it violates their religious beliefs.

    The Gilardis own Freshway Foods and Freshway Logistics in Ohio and are devout Catholics. They argued that the Religious Freedom Restoration Act protects them from having to comply with the mandate, promulgated by the Department of Health and Human Services.

    Writing for the U.S. D.C. Circuit Court of Appeals majority, Judge Janice Rogers Brown said the Obamacare birth control mandate put the Gilardis in an impossible position to provide health coverage for their 400 employees.

    “They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong,” Brown wrote.

    Brown also contemplated the possibility that Citizens United might relieve the Gilardis of having to comply with the HHS mandate.

    "There is an appeal to this simple reasoning; after all, the free-exercise and free-speech rights are enshrined in the same constitutional provision, separated only by a semicolon," the decision further noted.

    "Perhaps [the Gilardi's] constitutional arithmetic -- Citizens United plus the Free Exercise Clause equals a corporate free exercise right - will ultimately prevail," the decision held, without rendering judgement on that particular argument.

    I first started wondering if Citizens United might affect the HHS mandate lawsuits in July, when the 10th Circuit Court ruled that Hobby Lobby, another company challenging the mandate, qualified as a person under the Religious Freedom Restoration Act.

    That's a statutory question. Citizens United, famously, established as a matter of constitutional law that corporations, like individuals, enjoy free speech rights guaranteed under the First Amendment.

    "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech," Justice Anthony Kennedy, long-regarded as the swing vote on the Supreme Court, wrote in the 2010 Citizens United opinion.

    "If the anti-distortion rationale were to be accepted, however, it would permit government to ban political speech simply because the speaker is an association that has taken on the corporate form . . ."

    The Justice Department, in defending the HHS mandate, effectively argued that people like the Gilardis, when in their capacity as business owners, do not enjoy their First Amendment rights to freedom of religion because they have taken on the corporate form.

    By DOJ's reasoning, "the individual right disappears into the ether," according to the D.C. Circuit.

    "This troubling assertion of brooding governmental power cannot be reconciled with the confidence and stability in civic discourse that the First Amendment must secure," Justice Kennedy wrote in the Citizens United opinion.

    A constitutional lawyer offered another reason why the HHS regulation, which exempts some corporations for religious reasons but not others, is at odds with the Citizens United jurisprudence.

    "[W]e're talking about for-profit corporations, right? But all religious organizations, including the Catholic Church, are corporations within the meaning of Citizens United," Michael Carvin, who is arguing another challenge to Obamacare, told the Washington Examiner in July. He is a partner with the JonesDay law firm in its Washington, D.C. office.

    "If you interpret corporations of the kind they were considering in Citizens United, 501c3s, then clearly they can make religious-based claims because all churches are 501c3s.”

    LEAVE A COMMENT

    AUTHOR:
    JOEL GEHRKE
    Commentary Writer
    Email Author @Joelmentum Joel on FB

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  2. Subscriber AThousandYoung
    Poor Filipov :,(
    03 Nov '13 20:49
    The thread title is misleading. It implies this was a direct quote.
  3. Standard member KellyJay
    Walk your Faith
    03 Nov '13 22:06
    Originally posted by AThousandYoung
    The thread title is misleading. It implies this was a direct quote.
    That is the best you got?
    Kelly
  4. 04 Nov '13 00:10
    Originally posted by sasquatch672
    Wow.


    Fed appeal panel says Citizens United might end Obamacare's HHS mandate
    BY: Joel Gehrke November 2, 2013 | 4:35 pm
    LEAVE A COMMENT
    117

    HEALTH AND HUMAN SERVICES BELTWAY CONFIDENTIAL
    Citizens United, the 2010 Supreme Court ruling that bolstered political speech against campaign finance reform limitations, may also mean trouble for Obamac ...[text shortened]... ANALYSIS
    WATCHDOG
    DATA
    MULTIMEDIA
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    Copyright 2013 Washington Examiner
    What is this talk of individual rights?

    You speak in strange words friend.
  5. 04 Nov '13 00:48
    Originally posted by sasquatch672
    Wow.


    Fed appeal panel says Citizens United might end Obamacare's HHS mandate
    BY: Joel Gehrke November 2, 2013 | 4:35 pm
    LEAVE A COMMENT
    117

    HEALTH AND HUMAN SERVICES BELTWAY CONFIDENTIAL
    Citizens United, the 2010 Supreme Court ruling that bolstered political speech against campaign finance reform limitations, may also mean trouble for Obamac ...[text shortened]... ANALYSIS
    WATCHDOG
    DATA
    MULTIMEDIA
    ABOUT US
    CONTACT US

    Copyright 2013 Washington Examiner
    Kick em in the cojones squatchman!!!!
  6. Standard member sasquatch672
    Don't Like It Leave
    04 Nov '13 18:15
    Originally posted by joe beyser
    Kick em in the cojones squatchman!!!!
    Joe - I'm ready. Fix bayonets.
  7. Subscriber AThousandYoung
    Poor Filipov :,(
    04 Nov '13 18:30
    Originally posted by sasquatch672
    Joe - I'm ready. Fix bayonets.
    http://www.youtube.com/watch?v=7S3LTMTcTow&t=8m57s

    We started retaliating...they never figured on our knives...and that's what we started to do. Knifing them. Showing them...you know, we're not scared of you.
  8. 04 Nov '13 23:25
    Originally posted by AThousandYoung
    http://www.youtube.com/watch?v=7S3LTMTcTow&t=8m57s

    We started retaliating...they never figured on our knives...and that's what we started to do. Knifing them. Showing them...you know, we're not scared of you.
    Are you advocating bringing a knife to a gunfight?
  9. Subscriber AThousandYoung
    Poor Filipov :,(
    05 Nov '13 06:55
    Originally posted by normbenign
    Are you advocating bringing a knife to a gunfight?
    Knives for knives, guns for guns.

    A bayonet is a knife.
  10. 05 Nov '13 22:26
    Originally posted by AThousandYoung
    Knives for knives, guns for guns.

    A bayonet is a knife.
    A bayonette is a knife attached to a gun. Generally used when the gun has expended its ammo, or in close quarters.
  11. Subscriber AThousandYoung
    Poor Filipov :,(
    05 Nov '13 22:32 / 3 edits
    Originally posted by normbenign
    A bayonette is a knife attached to a gun. Generally used when the gun has expended its ammo, or in close quarters.
    http://www.businessinsider.com/gang-members-military-weapons-2011-12
    http://www.wired.com/dangerroom/2012/11/cartel-weapons/

    "Dipping down the Avenues" by Assassins clique:

    What were you thinking - this is the Highway to Hell...

    Walkin' with your chin up, not giving a f*
    Feelin' like a motherf* gangster looking for trouble...

    ...Little homie pumped up, high off of kush
    little did he know his enemies are out to 'bang...

    ...Take a deep breath...

    ...only 14, itching to kill...

    ...What do you hear, the Devil whispers in your ear..."I want you to kill"...

    Neck hair raised up 'cause you know it's time
    Cause you know there's consequences and you might do time
    You don't wanna say no so you pick up the nine
    Trying to hit the other side, knowing it's your first time
    Homies jumping out the ride
    Burning powder in the sky...

    Got you screaming for your Mom, and you're running for your life...

    ....

    I'm back to the block
    got a .357 at my side
    out to kill if I do it right no G-ride