Thanks for all the helpful responses on this. I've published a post on the
underinclusiveness question here:
http://balkin.blogspot.com/2014/01/hobby-lobby-part-iv-myth-of.html
On Sat, Jan 11, 2014 at 7:54 AM, Marty Lederman lederman.ma...@gmail.comwrote:
Just a quick point to quibble with
Just a quick point to quibble with the factual premises of the
selectivity argument. Plans offered by small business *do *have to
include the relevant preventive services, including -- but hardly limited
to -- contraception services. (The services also include cholesterol
screening; colorectal
To follow up on Marty's last point --In the Milwaukee Archdiocese bankruptcy,
the AD is arguing that the religious exemptions in the federal bankruptcy code
trigger strict scrutiny. I agree w Marty's implicit point -- that makes
little sense.
Our opening briefs to the 7 th Cir are due on
Marty,
Quick clarification: Do small business have to offer plans? (I know that small
businesses are not subject to the same Title VII standards as large businesses,
so there is strong legislative precedent for treating small businesses
differently than, say, large closely held for profits
*No* businesses have to offer plans (as I've explained in several posts at
Balkinization). But if a plan does so, it must include preventive services.
And if the employer -- large or small -- does not offer a plan, its employees
will be eligible for an exchange plan, which must also include
I suppose I need to be more specific. Are small businesses subject to the same
taxes/penalties/fees/tithes/required payments to the government that large
businesses are subject to if they do not provide a health plan?
On Jan 11, 2014, at 9:42 AM, Marty Lederman lederman.ma...@gmail.com wrote:
I take it that RFRA and Lukumi incorporate a means test, not just an ends test.
If the government can meet its goal without forcing small employers to
subsidize it, why not with a small class of large for profit corps? The
government may have a good answer -- I don't mean to imply that it
Not sure I understand what you're saying here, Nathan.
The law is designed so that virtually all plans -- whether employer plans,
or Medicaid, or Medicare, or exchange plans -- provide access to cost-free
preventive services coverage (including but by no means limited to
contraceptive coverage).
