Lucylastic
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quote:
ORIGINAL: Phydeaux
quote:
ORIGINAL: Lucylastic
The owners of Hobby Lobby, a Christian-owned craft supply chain, were so offended by the idea of having to include emergency contraceptives and intrauterine devices in their health insurance plans that they sued the Obama administration and took the case all the way up to the Supreme Court. But Mother Jones reported on Tuesday that the company's retirement plan has invested millions of dollars in the manufacturers of emergency contraception and drugs used to induce abortions.
Hobby Lobby's 401(k) employee retirement plan holds $73 million in mutual funds that invest in multiple pharmaceutical companies that produce emergency contraceptive pills, intrauterine devices, and abortion-inducing medications.
The companies Hobby Lobby invests in include Teva Pharmaceutical Industries, which makes the Plan B morning-after pill and ParaGard, a copper IUD, as well as Pfizer, the maker of the abortion-inducing drugs Cytotec and Prostin E2. Hobby Lobby's mutual funds also invest in two health insurance companies that cover surgical abortions, abortion drugs, and emergency contraception in their health care policies.
Hobby Lobby's attorneys argue that the provision in the Affordable Care Act that requires most employers to cover contraception in their health plans infringes on the company's right to exercise religious freedom because the company's owners believe that emergency contraception and IUDs are actually forms of abortion. Medical studies have debunked this claim.
Mother Jones reported that all nine of the mutual funds Hobby Lobby's retirement plan holds include investments that clash with the owners' religious beliefs about abortion.
the mother jones link is
http://www.motherjones.com/politics/2014/04/hobby-lobby-retirement-plan-invested-emergency-contraception-and-abortion-drug-makers
Quite a straw man you have here.
401(k) plans are not under the control of the employer.
HR administrators bring in reputable 3rd parties to act as fund administrators.
These administrators choose a variety of plans to offer.
401(k) funds move funds into and out of companies based on market performance, daily. Employers do not have input into the management of that fund.
But even if you said they did. The company invests in pharmaceutical companies. 73 million dollars invested in pharmaceutical companies that have market capitalizations of tens of billions of dollars or more is a pittance.
But ... putting all that aside.
The issue isn't whether Hobby Lobby is above reproach in its religious values.
It is: Whether it is clear from its actions that it does, and can the government impose its desires over hobby lobby's objections.
There is a two fold legal question:
Would applying the law result in a due process violation(ie., treating different classes of citizens differently).
I think it would.
If thats the case, the second standard applies. Does the government have a compelling interest. I grant that it does.
But here's the critical part: Does the governments compelling interest (providing health insurance) done in such a way as to be the least intrusion into the rights of the defendent.
I don't think you can make that case, so I think the law will fail.
sorry i didnt make a strawman, I merely shared an article from the news as I was catching up last night..
so your post is(as usual) pointless
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