Hobby Lobby Wins Partial Victory From Appeals Court In Health Care Challenge

A federal appeals court in Denver sided with Hobby Lobby Stores Inc. on Thursday in its legal battle against part of the Affordable Care Act.

The 10th Circuit Court of Appeals moved to reverse a lower court's decision to deny Hobby Lobby Stores Inc.'s quest for an injunction against part of the Affordable Care Act that requires it to cover the cost of emergency contraceptives for some of its employees.

In a statement, Hobby Lobby founder and CEO David Green said he and his family believe that life begins with conception and paying for their employees to have insurance coverage for emergency contraceptives such as the morning-after pill would force them to violate their religious beliefs.

“We believe that business owners should not have to be forced to choose between following their faith and following the law,” he said in the statement. “We will continue to fight for our religious freedom, and we appreciate the prayers of support we have received.”

In a 168-page ruling issued Thursday, the federal appeals court sent the case back to a lower court for further review.

The panel of eight appellate court judges who heard arguments in May ruled unanimously that Hobby Lobby and its affiliated Christian bookstore chain Mardel have the right to sue over the Affordable Care Act.

“A religious individual may enter the for-profit realm intending to demonstrate to the marketplace that a corporation can succeed financially while adhering to religious values,” the judges said in the ruling.

The ruling is a blow to the federal government's argument that as for-profit corporations, the companies cannot claim that the health care law is a violation of constitutionally protected religious freedoms.

Kyle Duncan, general counsel for the nonprofit Becket Fund for Religious Liberty, which is representing Hobby Lobby, called the appeals court ruling a significant milestone for the company and other businesses that are challenging the health care law.

“It confirms all along the argument that we have been making for the Green family — that they have the right to exercise religion in the running of their business,” Duncan said. “The government has consistently denied that.”

Judges split on temporary injunction

Hobby Lobby is the largest company to sue the federal government over the health care law, according to the Becket Fund. The company is one of 60 legal challenges to the mandate on emergency contraceptives.

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Victory For Democracy! Ohio Republicans Will Not Rig The Electoral College

A Republican plan to rig the next presidential race by changing the way electoral votes are allocated in several key blue states appears to be dead in Ohio — although it could still advance in other Republican-controlled states such as Michigan, Pennsylvania or Wisconsin. Several of the senior-most Republican officials in Ohio told the Cleveland Plain Dealer that they do not intend to push the GOP election-rigging plan:

Spokesmen for Gov. John Kasich, State Senate President Keith Faber and House Speaker William G. Batchelder told The Plain Dealer this week that they are not pursuing plans to award electoral votes proportionally by congressional district.

Batchelder went a step further, saying through his communications director that he “is not supportive of such a move.” And Republican Secretary of State Jon Husted, the state’s chief elections administrator, emphasized that he does not favor the plan either, despite Democratic suspicions based on reported comments that he said were taken out of context.

“Nobody in Ohio is advocating this,” Husted said in a telephone interview.

Although the death of this election-rigging plan in Ohio is an important victory for the principle that Americans choose their own leaders — and do not have them chosen for them by partisans in state capitols — there is still very real danger Republicans could push this plan in other states. Michigan House Speaker Jase Bolger (R) indicated he is open to the election-rigging plan late last week, and Pennsylvania Gov. Tom Corbett (R) and state Senate Majority Leader Dominic Pileggi (R) both support rigging the Electoral College.

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Fact Sheet: The Tax Agreement: A Victory for Middle-Class Families and the Economy

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For Immediate Release January 01, 2013 Fact Sheet: The Tax Agreement: A Victory for Middle-Class Families and the Economy

At this make or break moment for the middle class, the President achieved a bipartisan solution that keeps income taxes low for the middle class and grows the economy. For the first time in 20 years, Congress will have acted on a bipartisan basis to vote for significant new revenue. This means millionaires and billionaires will pay their fair share to reduce the deficit through a combination of permanent tax rate increases and reduced tax benefits. And this agreement ensures that we can continue to make investments in education, clean energy, and manufacturing that create jobs and strengthen the middle class.

In 2011, the President cut spending. In 2012, he kept his promise of asking the wealthiest 2 percent of Americans to pay more while protecting 98 percent of families and 97 percent of small businesses from any income tax increase—raising $620 billion in revenue. As we move forward to address our ongoing fiscal challenges, both spending cuts and continuing to ask the wealthy to do a little more will be part of a balanced approach. It is critical for our economy and future generations that we reduce the deficit. We cannot keep racking up this debt on our kids. And the President looks forward to working with Republicans to reduce the deficit in a balanced and bipartisan way.

Permanently extends the middle-class tax cuts and also extends credits for working families, with additional measures to protect families and promote economic growth. 

Permanent extension of the middle class tax cuts: This will provide certainty for 114 million households including lower tax rates, an expanded Child Tax Credit, and marriage penalty relief—steps that together will prevent the typical family of four from seeing a $2,200 tax increase next year. In addition, it includes a permanent Alternative Minimum Tax (AMT) fix. Most progressive income tax code in decades: By raising income tax rates on the wealthiest and keeping taxes low for the middle class, the agreement will ensure we have the most progressive income tax code in decades. Extension of Emergency Unemployment Insurance benefits for 2 million people: The agreement will prevent 2 million people from losing UI benefits in January by extending emergency unemployment insurance benefits for one year. Extension of tax cuts for 25 million working families and students: The deal extends President Obama’s expansions of the Child Tax Credit, Earned Income Tax Credit, and the President’s new American Opportunity Tax Credit, which helps families pay for college. The President fought hard to extend these credits, overcoming Republican insistence that income taxes go up by an average of $1,000 for 25 million working families and students. The agreement would extend them for five years. Extension of renewable energy incentives, the R&E tax credit and other business incentives: The agreement extends tax relief for businesses through the end of next year. This means extending the Production Tax Credit, a key incentive for renewable energy that many Republicans had been trying to end, as well as the Research & Experimentation tax credit. In addition, the agreement extends 50 percent bonus depreciation, a cost-effective temporary measure to support investment and growth. All of these would be extended through the end of 2013. Fixes the SGR (“doc fix”) with no cuts to the Affordable Care Act or to beneficiaries: The agreement avoids a 27 percent cut to reimbursements for doctors seeing Medicare patients for 2013 by fixing the sustainable growth rate formula through the end of next year (the “doc fix”). The President stood firm against Republican proposals to pay for this fix with cuts to the Affordable Care Act or the beneficiaries. Postpones the sequester for two months, paid for with $1 of revenue for every $1 of spending, with the spending balanced between defense and domestic: The agreement saves $24 billion, half in revenue and half from spending cuts which are divided equally between defense and nondefense, in order to delay the sequester for two months. This will give Congress time to work on a balanced plan to end the sequester permanently through a combination of additional revenue and spending cuts in a balanced manner. 

Raises $620 billion in revenue according to Congress’ Joint Committee on Taxation by achieving the President’s goal of asking the wealthiest 2 percent of Americans to pay more while protecting 98 percent of families and 97 percent of small businesses from any income tax increase. 

Restores the 39.6 percent rate for high-income households, as in the 1990s: The top rate would return to 39.6 percent for singles with incomes above $400,000 and married couples with incomes above $450,000. Capital gains rates for high-income households return to Clinton-era levels: The capital gains rate would return to what it was under President Clinton, 20 percent. Counting the 3.8 percent surcharge from the Affordable Care Act, dividends and capital gains would be taxed at a rate of 23.8 percent for high-income households. These tax rates would apply to singles above $400,000 and couples above $450,000. Reduced tax benefits for households making over $250,000 (for singles) and $300,000 (for couples): The agreement reinstates the Clinton-era limits on high-income tax benefits, the phaseout of itemized deductions (“Pease”) and the Personal Exemption Phaseout (“PEP”), for couples with incomes over $300,000 and singles with incomes over $250,000. These two provisions reduce tax benefits for high-income households. This sets the stage for future balanced approaches to deficit reduction, which could include additional revenue through tax reforms that reduce tax benefits for Americans making over $250,000. Raises tax rates on the wealthiest estates: The agreement raises the tax rate on the wealthiest estates – worth upwards of $5 million per person – from 35 percent to 40 percent, in contrast to Republican proposals to continue the current estate tax levels. The agreement’s $620 billion in revenue is 85 percent of the amount raised by the Senate-passed bill, if that bill had been enacted and made permanent: The agreement locks in $620 billion in high-income revenue over the next ten years. In contrast, the bill passed by Democrats in the Senate achieved approximately $70 billion through one-year provisions; these same provisions could have raised a total of $715 billion over ten years if Congress acted again to extend it permanently. However, the Senate bill itself locked in only one year’s worth of savings so would have required additional extensions to achieve those savings. 

Part of a balanced process of deficit reduction and stronger growth. 

Strengthens our recovery next year by cutting taxes for the middle-class: The independent, non-partisan Congressional Budget Office (CBO) estimated that allowing the full effect of the “fiscal cliff” would cause our economy to enter a recession and actually shrink next year primarily as a result of higher taxes on the middle class and across-the-board spending cuts. The final agreement prevents taxes from rising on the middle class and delays the across-the-board “sequester.” Temporary measures to support consumer spending and business investment: Extending unemployment insurance is one of the more effective ways to encourage consumer spending. And bonus depreciation will give companies incentives to invest. Provides greater economic certainty for families and businesses: The agreement will make it easier for families and businesses to plan and will help our economy grow. Cuts the deficit and reduces the debt as a share of the economy over the next five years: Since April last year, the President has signed into law 1.7 trillion in deficit reduction, including $700 billion in spending cuts from enacted appropriations bills in 2011 and 2012, and $1 trillion in the Budget Control Act. This tax agreement not only further reduces the deficit, but raises $620 in new revenue from high-income households. Together with a strengthening economy these steps will bring down the deficit as a share of the economy over the next five years. Establishes a foundation for additional balanced, pro-growth deficit reduction through tax and entitlement reform: The agreement leaves substantial scope for reducing tax expenditures for high-income households, reforming corporate taxes to broaden the base and cut the rate to make America more competitive, and to take further steps to reform entitlements. 

Extends the farm bill through the end of the fiscal year, averting a sharp rise in milk prices at the beginning of 2013.  

Blog posts on this issue January 01, 2013 1:01 PM ESTWhat You Need to Know About the Bipartisan Tax Agreement

The deal passed by an overwhelming majority in the Senate keeps income taxes low for the middle class and ensures that America will continue to invest in education, clean energy, and manufacturing to strengthen our economy and the middle class.

December 30, 2012 11:44 AM ESTThe Year in Review: Joining Forces to Hire American Heroes

In 2012, working with Joining Forces, American businesses exceeded the President's challenge to hire 100,000 veterans and military spouses and made a greater commitment for the future.

December 29, 2012 5:45 AM ESTWeekly Address: Congress Must Protect the Middle Class from Income Tax Hike

President Obama urges Congress to meet its deadlines and responsibilities, protect the middle class from an income tax hike, and lay the groundwork for future progress on more economic growth and deficit reduction.

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Snatching Defeat From The Jaws of Victory: Texas Primary Update

My first introduction to politics was at 10 years old, volunteering with my parents on a State House campaign. What hooked me on political involvement was that we lost by 12 votes on a re-count and I knew that even at 10 years old I could have found 13 more votes if I’d have worked harder. 

The promise I’ve made myself in every election cycle since is that no matter what capacity I was working in, I would give everything I’ve got and that win or lose, I would know there wasn’t anything else I could have done to send my candidate to victory.

For the last three years I’ve been working full-time in conservative grassroots politics, training activists, identifying and equipping candidates. That’s been my universe and Texas has been at the center of it. During that time I’ve had the privilege of training and interacting with thousands of TEA Partiers and conservative activists who wan’t to move our state and country in the right direction.

Hundreds of thousands of conservatives across Texas have dedicated millions of man hours to get conservative candidates on the ballot for state office and volunteering for conservative causes during that time. All of this work now stands in peril.

After three years of preparation for this battle, the volunteer showing, financial contributions and effort from Texans for these state level races is frankly pathetic.

I’ve discussed this problem with TEA Party leaders, candidates and outside observers and it’s clear that the perception isn’t some figment of my imagination. The fact is that after three years of demanding conservative candidates and promising that they’d charge into fire to get them elected, Texas conservatives are on the verge of wasting a unprecedented opportunity.

Some of this is due to behind the scenes disputes and friction between big egos. Resurgent apathy and frustration with Federal level politics also plays a role. Neither of these are acceptable reasons to stand on the side lines.

We can argue about hurt feelings after we win. Until then, nobody on the left cares and we’ll accomplish nothing.

The Texas Primary Election is less than 2 months away. May 29 is D-day. There will only be about 10 competitive state house races in November but there are more than 60 state house primary elections in play on May 29! In some we’re playing defense (as with James White and David Simpson) but in most races we’re playing offense and have got strong conservatives on the ballot who have stepped up to our call of the last three years.

In the face of these incredible opportunities, we’re about to do what establishmentarians have said would happen all along!

If Texans don’t step up and make a statement on May 29th then much of the last three years will have been wasted effort. The preconceived notions of liberals within the Republican party will have been confirmed and we will have sent a generation of conservative candidates to be used as cannon fodder.

The primary election is really the only time that the vote of conservative Texans matters. We will vote in November for a Republican President & Senator, only a few US House seats will be competitive (if that) and the state legislatures will only have a handful of seats in play.

I’m confident that if I asked any group of conservatives or TEA partiers whether they would give their life for their country that every hand would raise. However, if I followed that up by asking for commitments to spend two hours block-walking or phone banking for conservative candidates, the hands would rapidly fall.

We’re not being asked to die for our country, risk our sacred honor, or even give up much of our modest fortunes. What we’re being asked to do, and what we must do to win, is commit to dedicating a few hours of our time between now and May 29th for a conservative candidate near us.

No number of hours spent in October will make up for a missed opportunity this May. There will be no chance for redemption.

The beauty of our situation is that it doesn’t require some Herculean effort to make a difference. A few hours of your time spent volunteering for a campaign, talking to your friends, registering voters or driving people to the polls could determine the outcome of these state and local races.

If you’re a conservative who wants to impact Texas’ future then now is your chance. It’s time to take action!

For a list of State House and Senate campaigns you can volunteer for, go to the Texas Action candidate database. 

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