Some will argue that the Supreme Court upheld the constitutionality of the ObamaCare program (the Patient Protection and Affordable Care Act) in its June 2012 decision. But the justices upheld the individual mandate, imposing fines for uncovered individuals who do not purchase healthcare plans, by declaring it to be a tax, despite language in the legislation saying it is not, rather than an exercise of the congressional power to regulate interstate commerce. As for personal liberty, the argument of Planned Parenthood and the Obama administration is that employees should not be restricted in their reproductive choices by the religious scruples of their employers. But the freedom to practice contraception does not, to a reasonable person, imply a responsibility of others to provide it for them. Were that the case, the Congress might require employers to honor the First Amendments freedom of the press guarantee by providing their employees with journalism courses free of charge. Interestingly, neither contraception nor the right of access to it are mentioned anywhere in the Constitution. They became constitutional issues by a Supreme Court ruling (Griswold v. Connecticut) that the freedom to contracept is covered by a fundamental right to privacy. But if its wholly a matter of privacy, why must there be a public program, supported by taxpayers dollars, to provide for it? Employers are legally persons, too, at least until the Supreme Court rules otherwise. They also have rights, including the right to religious freedom. More to the point they have the right to be left alone from unauthorized, unconstitutional government mandates. Thats why we have a Constitution in the first place.
Posted on: Thu, 27 Mar 2014 23:04:33 +0000
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