End of term
Wednesday, July 2, 2014
Justinian in Guantanamo, Law of war, Military Commissions, Roger Fitch Esq, Same-sex marriage, US Supreme Court
Justinian in Guantanamo, Law of war, Military Commissions, Roger Fitch Esq, Same-sex marriage, US Supreme Court
Supreme Court lets God into the Affordable
Care Act ... And strikes down certain compulsory
union dues ... At last - a Guantánamo detainee charged with a genuine war crime
... Obama's Taliban prisoner swap ... Whatever you do, don't shoot at an
American in a war ... From Our Man in Washington, Roger Fitch
THE Supreme
Court ended its term with a bomb.
In Burrell
v Hobby Lobby, a new class of God-fearing
corporations has been allowed to evade – on religious grounds – the contraception coverage that the Affordable Care Act requires in employee health insurance.
This new-found piety
in closely-held corporations is based on the First Amendment's personal religious freedom, but the all-Catholic-male majority put its faith in the Religious
Freedom Restoration Act.
It's the same RFRA
whose protections were denied to Muslims in Guantánamo by the DC Circuit in Rasul v Myers
on the basis that Gitmo detainees were not persons in the meaning of the Act (see Fitch of January 22, 2008).
Thus,
some corporations now have personal religious freedoms, while other,
flesh-and-blood persons don't.