- Coequal branches July 9
The Supreme Court's decision in Burwell v. Hobby Lobby [PDF] isn't very popular among Democrats — or a majority of Americans, or some federal judges, for that matter. Democrats in Congress are trying to do something about it, The New York Times reports, and their legislative band-aid may even pass in the Senate. "Since the Supreme Court decided it will not protect women's access to health care, I will," said Sen. Patty Murray (D-Wash.), the lead author of the Senate bill.
The 5-4 Supreme Court majority ruled that the Affordable Care Act's attempt to make all companies and non-church organizations provide their female employees with birth control coverage violated the 1993 Religious Freedom Restoration Act, so the bill worked up by Senate and House Democrats essentially says: not anymore.
The Democrats' bill, introduced Tuesday, leaves the 1993 law intact, as well as the Obama administration's compromise exemption for religious nonprofits with objections to contraception, but says that despite the Religious Freedom Restoration Act, Hobby Lobby and other for-profit "employers may not discriminate against their female employees" in the coverage of preventive health services, and "shall not deny coverage of a specific health care item or service" that's required under federal law.
There's a certain air of political theater to the endeavor — "People are going to have to walk down here and vote, and if they vote with the five men on the Supreme Court, I think they're going to be treated unfavorably come November with the elections," said Senate Majority Leader Harry Reid (D-Nev.) on Tuesday, and the bill is very unlikely to pass in the House — but at least Congress is trying to reclaim some of its intended power.- -
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