Elena Kagan said there is “another choice nobody talks about, which is paying the tax, which is a lot less than a penalty and a lot less than — than the cost of health insurance at all?”
“Those employers could choose not to give health insurance and pay not that high a penalty – not that high a tax,” Sotomayor added.
Attorney Paul Clement told the Court the companies would face $500 million a year in penalties. Kagan disagreed.
“There’s one penalty that is if the employer continues to provide health insurance without this part of the coverage, but Hobby Lobby would choose not to provide health insurance at all,” she said. “And in that case Hobby Lobby would pay $2,000 per employee, which is less that Hobby Lobby probably pays to provide insurance to its employees,” she said.
“So there is a choice here. It’s not even a penalty by – in the language of the statute. It’s a payment or a tax. There’s a choice.”
Sotomayor argued others may object to certain medical procedures – blood transfusions, immunizations, medical products that include pork – on religious grounds.
So homosexual “marriage” is a simple matter of “marriage equality” but penalizing Christians for not providing free abortifacients to employees is OK.
But I don’t really need to say anything more about Kagan’s so-called “reasoning.”
I simply want to report on my feelings as a conservative about the nature of the case before the Supreme Court. Because even though I have no real proof of it, I cannot convince myself that anything “hangs in the balance” right now. I find it impossible to shake the thought that the issue has already been decided and the ongoing spectacle involving this court case is not about really deciding anything, but rather it is a matter of public theater to induce us to comply with the already-decided result.
How hard would it really be for the Executive Branch to control the Supreme Court secretly?
Again, I have no proof. If you think Justice Roberts’s convoluted decision that Obamacare was constitutional was the result of his legal reasoning, then all I can say is that I wish I could see it that way. But I can’t shake the idea that the results of these Supreme Court “decisions” are under the control of the executive branch. In that case, these Supreme Court arguments are just a staged show to make us think that we have recourse to the law and, thus, believe we are obligated to submit.
If the Supreme Court does the right thing, I’ll be happy to report how wrong I was. I am praying that I am wrong and that they make the right decision. Of course, if they do the wrong thing, that won’t prove that my feelings are accurate.