The D.C. Court of Appeals, led by George W. Bush appointee, Judge Janice Rogers Brown, sided with business owners on Nov. 1, ruling that the birth control mandate included in the Patient Protection & Affordable Care Act (Obamacare) is “self-defeating” and a “cognizant burden” on employers’ religious freedoms.
In a scathing opinion, Brown, who has vehemently opposed mandatory contraception coverage since her days on the California Supreme Court, said that the government’s rationale in insisting on the mandate is not “compelling.”
“…unconvincing is the government’s assertion that the mandate averts ‘negative health consequences for both the and the developing fetus.’ ” opined Brown.” From the outset, we note the science is debatable and may actually undermine the government’s cause. For the potential mother, as one amicus notes, the World Health Organization classifies certain oral contraceptives as carcinogens, marked by an increased risk for breast, cervical, and liver cancers. Br. of the Breast Cancer Prevention Institute, at 8–9. On the other hand, the contraceptives at issue have been approved by the Food and Drug Administration, supported by research touting their benefits. See Op. of Edwards, J., at 30. This tug-of-war gives us pause because the government has neither acknowledged nor resolved these contradictory claims.
Judge Brown also compares the birth control mandate to “government coercion of moral agency.”
The Framers of the Constitution clearly embraced the philosophical insight that government coercion of moral agency is odious. Penalties are impertinent, according to Locke, if they are used to compel men “to quit the light of their own reason, and oppose the dictates of their own consciences.” JOHN LOCKE, A LETTER CONCERNING TOLERATION 13–14 (J. Brook ed., 1792) (1689)
Unsurprisingly, the conservative judge is known for her stance against progression legislation.
Read more about her from Think Progress:
Prior to her nomination to the D.C. Circuit, Brown labeled the New Deal a “socialist revolution,” and she likened Social Security to a kind of intergenerational cannibalism — “[t]oday’s senior citizens blithely cannibalize their grandchildren because they have a right to get as much ‘free’ stuff as the political system will permit them to extract.” Since joining the federal bench, she authored a concurring opinion suggesting that all labor, business or Wall Street regulation is constitutionally suspect.
Friday’s ruling centered on two Catholic brothers, Francis and Philip Gilardi, who refused to provide contraception coverage for employees of their Ohio-based produce company despite facing a $14 mllion fine, reports The Hill.
Read the D.C. Court of Appeals entire ruling by clicking here.
Also On HelloBeautiful:
Celebs Tweet Their Thoughts About #JusticeForSandraBland
1. Jesse Williams
#SandraBland's treatment while attempting to travel freely on HER public roadways has been acknowledged as unlawful. She is already dead.
2. Taraji P. Henson
"SAY HER NAME #SandraBland"
3. Ava DuVernay
"'Why are you arresting me?' Because you know your rights. Because I can. Because no one'll believe you. #SandraBland"
4. Kim Kardashian
#WhatHappenedToSandraBland We need answers!!!! This is NOT ok! This is all shady! They need to own up to this & tell the truth!
5. Jussie Smollet
"A loss 4 words. #SandraBlandMatters #BlackLivesMatter 👈🏿tell me this should change once the nation shows that we do. "
6. Snoop Dogg
🙏🌹. Sandra. Rip. 🌹🌹
7. K. Michelle
R.I.P to this queen. This could've been any of us. My prayers go out to her family. #sandrabland https://instagram.com/p/5fvlO_AhCf/
8. Gabrielle Union
SAY HER NAME!!! #SandraBland #SandraBland #SandraBland #SayHerName
"We must get to the cause of #sandrabland death because this CANNOT happen again #deathorfreedom"
10. David Banner
"When will we fight back. A man's duty on earth is to protect women and children. Where are the gangsters? Preachers? We need you. Please."
11. Nicki Minaj
"Rest In Peace #SandraBland"
12. Talib Kweli
"We the people ask @LorettaLynch to investigate #SandraBland #KimberleeRandleKing RETWEET "
Signs. Signs. Signs all around us. The Message is Here. #SandraBland
14. Missy Elliot
"When I look at the #SandraBland traffic video it brings so many emotions😳😢😡😡😤!"
15. Jessie J
"God bless your soul Sandra | #sandrabland | Change needs to come |Justice needs to be served | Heart… https://instagram.com/p/5fV79mQ0aw/ "
16. Jackee Harry
"It's time y'all, it's time.." #SandraBland #BlackLivesMatter
"In memory of #SandraBland these things don't make no kinda sense "
18. Holly Robinson Peete
I really don't look forward to having ANOTHER difficult conversation w my kids tonight...but here we go again😧💔 #SandraBland #SayHerName 😢
19. Jeffrey White
Sadly, doesn't matter by whose hand she died. Unjustified arrested set the outcome in motion. The state murdered her. #JusticeForSandraBland
Sandra could have been your mother, sister, aunt, friend or if she wasn't killed the community outreach advisor A&M. #SandraBland
21. Joan Smalls
"My heart is broken. Sending my deepest condolence to her family and friends. May you find Strength, Peace and Justice. When will this stop? #EqualityForAll #RIP #Why #SayHerName
22. Gladys Knight
Sandra Bland.... #SayHerName #SandraBland
23. Cara Delevigne
Things need to change NOW #SANDRABLAND #Justice #Equality
24. Meek Mill
"Rip to that young lady that lost her life about a traffic stop! 🙏 ima make sure I pray for her and her family! 🙏😄😄😄"