Fast Facts for June 17, 2021
A unanimous decision today from the Supreme Court. All nine justices siding with a private Catholic foster agency saying *yes* they do have the right to exclude same sex couples from fostering children on the basis on their religious freedoms.
Catholic social services claimed the city of Philadelphia was requiring them to certify all couples – including married same sex couples as foster parents – and when they would not, the city canceled their contract because the city said the CSS policy violated its anti-discrimination laws. CSS said canceling their contract violated their religious beliefs and was therefore, unconstitutional.
Today all the justices – including the liberals – agreed.
In fact, Chief Justice John Roberts who wrote the majority opinion said — ” CSS seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else.”
The unanimous ruling was narrow and did not radically change existing constitutional law. This ruling does not negate other government anti-discrimination laws – or force the ones on the books to be thrown out. Under longstanding supreme court precedent, laws that are neutral to religion and generally applicable can be considered constitutional even if they burden religion. But the Chief Justice said in this case, Philly’s anti-discrimination policy was not “generally applicable” so the city should make an exception for the religious rights of catholic social services.
PLUS
The Affordable Care Act – also known as Obamacare – is *not* going anywhere. The Supreme Court issued a definitive ruling today.
First, what does it mean for you if you have healthcare through the ACA or a state run health exchange? Nothing. It means nothing. This ruling simply preserves the status quo.
The Supreme Court ruled on the case brought by 18-Republican led states and a few individuals and backed by the Trump Administration claiming the ACA should be unconstitutional because when Congress removed the penalty for not buying health insurance in 2017, that meant the whole law was unconstitutional and should be wiped from the books.
Today – the Supreme Court said *no*. And furthermore, the plaintiffs in the case have no standing to even bring the case before them.
What’s surprising??? The justices who ruled to keep the Affordable Care Act in place.
Of course all the liberal justices ruled in favor of the affordable care act but so did conservative Justices Clarance Thomas, Chief Justice John Roberts and two Trump appointed Justices Brett Kavanaugh and Amy Coney Barrett.
The two dissenting Justices – Samuel Alito and Neil Gorsuch.
Just for some context – the Supreme Court has heard three major cases on the Affordable Care Act since it was signed into law and ruled to keep it all three times. In fact, the rulings in favor of it keep getting stronger as the years go on.
In 2012 the ruling to keep it was close – 5-4.
In 2015 the ruling was a little wider – 6-3.
And today’s ruling is the widest so far – 7-2.
