Tuesday, November 26, 2013

Are shareholders personally required to sell contraceptives?

(AP) Supreme Court will take up new health law dispute
By MARK SHERMAN
Associated Press
WASHINGTON
The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees.
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The key issue is whether profit-making corporations can assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose. Nearly four years ago, the justices expanded the concept of corporate "personhood," saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do.

OK. The shareholder signs an incorporation agreement with a US state, which specifies that corporations are subject to federal regulation. If the federal government violated the agreements, then remand this back to contracts court, no personal rights involved case. If Congress has no right to interfere with a state corporate charter, than say so and prove it. If the federal governments rights over corporate charters are restricted by ex post facto changes in regulation, than say so.

To pursue a personal rights issue, the shareholder has to prove that incorporation was the only avenue available to him, and thus the federal government is overbearing on personal rights. So prove that incorporation is a necessity imposed by federal government, and thus restricted by personal rights.

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