The baseline set by the ACA is NOT a matter of obligation between parents
and children. In that regard, the parent has no obligation to obtain
health coverage for his non-minor daughters (although the 12 year old,
either now or sometime later but before the age of majority, might need
emergency co
Eugene,
No federal or state law required the Amish farmer in Lee to employ workers,
but once he made that choice, the Supreme Court used the federal
requirements governing employment benefits as the baseline for evaluating
externalities ("Granting an exemption from social security taxes to an
empl
I agree w Chip and Jim on the baseline issue, but also the previous point about
the point of the Religion Clauses is not just rights for the believer but also
the path to peace in a diverse religious culture. Lee and Bowen v Roy stand
for the proposition that if one chooses to employ or to tak
I just don't see how that argument is at all compelling. It's
true that the Amish farmer in Lee didn't have to employ workers, but the
government was essentially putting a tax on the employment of workers, and
there was a compelling interest in enforcing the tax evenhandedly.
That is a different argument, and potentially a plausible one. The concern
isn't that the parent is trying to force his religion on his daughters, but
rather that taxpayers will be left holding the bag. (I don't think the
"temptation" argument suffices, at least under the strict scrutiny test,
I was not suggesting only the burden on taxpayers, though when it comes to a
national scheme of healthcare, I think the compelling interest standard is met
by women's reproductive health.
I was also suggesting the govt has a compelling interest in (1)ensuring women
have reasonable means of obta
This has been a fascinating thread. I'm on vacation and have not had the
opportunity to participate except for a quick comment right now. With regard to
the substantial burden, would the analysis change if we characterized the ACA
(at least for employees who would not receive subsidies for thei
