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Health

Hobby Lobby Must Cover Contraception For Employees, Judge Rules

A federal judge ruled Monday night that the Hobby Lobby craft store chain must offer its 13,000 employees contraceptive coverage without a co-pay, as mandated by Obamacare.

Hobby Lobby sued to deny such coverage in September, citing conservative evangelical owner David Green’s personal religious objections to certain types of birth control that fall under Obamacare’s contraception mandate. In particular, the company sought to deny its employees coverage for the morning after pill, commonly known as Plan B.

But on Monday night, U.S. District Judge Joe Heaton denied the request in a 28-page ruling, pointing out that religious institutions have already been given exemptions from covering contraception, and that Hobby Lobby does not qualify since it is a private business:

“However, Hobby Lobby and Mardel [its partner company] are not religious organizations,” the ruling states. “Plaintiffs have not cited, and the court has not found, any case concluding that secular, for-profit corporations such as Hobby Lobby and Mardel have a constitutional right to the free exercise of religion.

Hobby Lobby’s attorney said the companies’ owners, the Green family, plan to appeal.

“Every American, including family business owners like the Greens, should be free to live and do business according to their religious beliefs,” Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, said in a statement.

Just last week, a different federal judge issued an injunction over the contraception mandate in Obamacare, siding with religious employers of a private company. But Judge Heaton’s assessment of the law is correct: While non-profit religious institutions are already exempt from the mandate, private businesses do not have the same exemption.

Economy

How Big Banks Are Gaming The Foreclosure Fraud Settlement

As part of their foreclosure fraud settlement with the federal government and state attorneys general, five of Wall Street’s biggest banks were required to provide billions of dollars in relief to homeowners. After months of lagging, the banks have finally started: according to a report from the settlement watchdog, the banks have provided $26 billion in relief, including $6.3 billion in mortgage writedowns that directly reduce the amount borrowers owe on their loans.

But much of the money devoted toward relief thus far has not been put toward writedowns. Instead, it has been used to finance short sales that likely would have occurred even without the settlement, because such sales are more beneficial to banks than writedowns and less expensive than foreclosures, as the Wall Street Journal reports:

So far, short sales account for the vast majority of relief tabbed under the settlement, with banks forgiving around $13.1 billion on more than 113,000 properties. Many of those short sales might have happened without the settlement because banks generally lose less money on those than they do on foreclosures.

Counting short sales as relief isn’t prohibited, since under the settlement banks are required to spend $10 billion on principal reduction and $10 billion on other forms of relief. That they are counting short sales they likely would have conducted anyway instead of direct relief efforts, though, is yet another troubling sign for the mortgage settlement, which was hamstrung early by state governments that used mortgage relief funds to close gaping budget holes instead of to help distressed homeowners. As of October, less than half of the funds sent to states had been spent on relief.

Further, short sales, while less expensive for the banks, aren’t the best way to provide relief. According to recent studies, principal reduction, which provides direct relief to homeowners who are underwater thanks to plunging prices from the housing crisis, is the most effective means of preventing future foreclosures.

Justice

Following Obama’s Victory, Wisconsin Governor Proposes New Limits On Voter Registration

Two weeks after Barack Obama and Sen.-elect Tammy Baldwin (D-WI) carried the state of Wisconsin with the support of minorities and young voters, Gov. Scott Walker (R) announced one of his major policy proposals for the upcoming session: ending the state’s 40-year old law that allows citizens to register to vote on Election Day.

And with Republicans now back in control of the Wisconsin state legislature, Walker may well get his way next year.

In 2008, Wisconsin enjoyed the second highest turnout of any state in the nation (72.4 percent of eligible voters cast a ballot), due largely to the fact the Badger State law allows residents who aren’t registered or have recently moved to register at the polls. That year, approximately 460,000 people used Election Day Registration, 15 percent of all Wisconsinites who cast a ballot.

Walker pressed his case for ending same-day registration during a speech at the Ronald Reagan Library in California on Friday:

“States across the country that have same-day registration have real problems because the vast majority of their states have poll workers who are wonderful volunteers, who work 13 hour days and who in most cases are retirees,” Walker said. “It’s difficult for them to handle the volume of people who come at the last minute. It’d be much better if registration was done in advance of election day. It’d be easier for our clerks to handle that. All that needs to be done.

Wisconsin was the first state to enact Election Day Registration in 1971, followed soon by states like Minnesota and Maine. Today, eleven states have laws allowing citizens to register at the polls. These states enjoy the highest turnout in the nation not by chance, but because Election Day Registration boosts turnout by 7 to 14 percentage points. In addition, studies show that minorities, poorer voters, and students benefit the most from being permitted to register on Election Day.

Republican legislators in Maine attempted a similar move last year, repealing the state’s 40-year-old Election Day Registration law. However, a citizen backlash erupted, sending the matter to a statewide referendum where voters rebuked the legislature and restored the law by a 2-to-1 margin.

The last time Walker and his Republican allies won complete control of the legislature in 2010, they immediately passed a discriminatory voter ID law that would have disenfranchised people like 84-year-old Ruthelle Frank had it not been blocked by a state judge.

Now, with Wisconsin State Republicans riding high, they appear to again be setting their sights on chipping away at voting rights.

Health

How To Cut Health Care Spending Without Harming Benefits

Last week, the Center for American Progress (CAP) released a report titled “The Senior Protection Plan” that outlined serious ways to cut U.S. health care spending without shifting the burden onto sick, poor, and elderly Americans. This past weekend, a misleading editorial in the Minot Daily News falsely claimed that such a proposal would lower seniors’ care quality and raid the Medicare entitlement.

But the claims about the Senior Protection Plan’s allegedly negative effect on seniors’ health coverage don’t consider the fact that many conservative Medicare “reform” plans would actually cripple the safety-net program by turning it into a voucher system and shifting costs squarely onto seniors’ premiums. Here’s what the Minot Daily News got wrong about the Senior Protection Plan:

1) “President Barack Obama’s health care law will slash $716 billion in funding for the Medicare program.” This was one of the 2012 presidential campaign’s most repeated lies, but it was untrue then, and it is untrue now. Obamacare does not “cut” Medicare funding — in fact, it slows the growth of Medicare spending by eliminating wasteful overpayments to private insurers, incentivizing better performance by providers, and cracking down on fraud and abuse in the Medicare system. These reductions will actually result in Medicare being solvent for an additional eight years, as well as more affordable care for seniors.

2) “[Obamacare] and the federal-state Medicaid system were not targeted by the CAP for cuts to help lessen the seemingly ever-expanding United States spending deficit.” The CAP plan specifically calls for $10 billion in savings from Medicaid. But unlike conservative proposals to throttle federal spending on the program and throw millions of low-income Americans off their insurance rolls, the Senior Protection Plan encourages savings by making sure that Medicaid does not have to overpay relative to third-party insurers and decreasing future payments to safety-net hospitals that will become unnecessary as more states implement Obamacare’s Medicaid expansion. CAP also does not score multiple proposals in its plan — such as better care coordination and case management between Medicare and Medicaid, bundled payments, and competitive bidding — that have the potential to further reduce medical spending while simultaneously improving care quality.

3) “The CAP insists the only Medicare cuts would be in reimbursements to health care providers. Give us a break. That would lessen the quality of care for senior citizens. And the CAP plan calls for very real cuts in funding for Medicare beneficiaries, too.” The Senior Protection Plan is centered precisely on the belief that American seniors should not have to sacrifice their benefits in exchange for nominally reducing the deficit. This is in stark contrast to conservative proposals that aim to voucherize Medicare, transforming it from a “defined benefit” program into a “defined contribution” program without actually stemming the long-term upward trend in health care spending. Much of CAP’s proposed $385 billion in savings result from requiring drug companies to pay higher rebates for medications prescribed to “dual eligible” seniors who are on both Medicare and Medicaid. Furthermore, its proposed reductions to providers are precisely that — reductions in historical overpayments for certain type of care facilities and services — and the plan may actually result in significantly higher savings by moving towards more consumer-friendly, efficient practices such as prospective bundled payments, pay-for-performance measures, competitive bidding, and fraud prevention.

All told, the Senior Protection Plan is a serious proposal to reduce national health spending by addressing the actual factors driving costs — overpayments to providers and pharmaceutical companies, a poorly-coordinated system of care management, and inefficient modes of care delivery — rather than balancing the budget on the backs of sick, elderly, and poor Americans without even addressing the concerning trajectory of U.S. health care costs. By transforming the health care payment and delivery structure to be more logical and efficient, CAP’s proposal would lead to genuine savings by actually improving the way American health care works — without pushing costs onto Americans.

Justice

Conservative Civil Rights Commissioner: Anti-Discrimination Efforts Will Cause Racist Businesses To Hire Fewer Minorities

WASHINGTON, DC — A panelist at a leading conservative conference argued last week that new anti-discrimination guidelines will actually prompt more discrimination among racist business owners.

Gail Heriot, a professor at the University of San Diego School of Law and a congressional appointee to the U.S. Commission on Civil Rights, spoke on Friday at a Federalist Society panel entitled “Who Benefits from Affirmative Action and Race and Gender Consciousness?” In the middle of her speech, Heriot addressed new guidance from the Equal Employment Opportunity Commission earlier this year that under Title VII of our civil rights laws, an employer may not deny a job to someone based on a past conviction that was job-related. Over 65 million Americans have a criminal conviction, and the numbers skew disproportionately toward minorities.

Heriot blasted the new guidelines because, as she argued, business owners who cannot check an applicant’s criminal background will presumptively dismiss “high risk” pools, such as black applicants for low-skilled jobs, and only hire the African American “who is the son of a dermatologist in Bethesda.”

Watch it:

In other words, Heriot argues that guidelines combating employment discrimination will actually cause employers to become more brazenly racist in their hiring patterns. The way to fight that situation, in her estimation, is not to outlaw racist hiring practices, but to ditch anti-discrimination efforts.

Full transcript below:
Read more

NEWS FLASH

Syracuse Passes Transgender Nondiscrimination Protections | With a 7-1 vote, the Common Council of Syracuse, New York passed legislation creating nondiscrimination protections for gender identity in employment, housing, and public accommodations. Syracuse was the last major city in the state to add the transgender protections, joining Buffalo, Rochester, Albany, Binghamton, Ithaca, and New York City, as well as Westchester, Suffolk, and Tompkins counties. New York state only provides nondiscrimination protections based on sexual orientation, as the legislature has failed to pass the Gender Expression Non-Discrimination Act (GENDA).

Economy

Why Big U.S. Retailers Can Afford To Increase Wages

By 2020, more than one-quarter of U.S. workers will be working low-wage jobs, not making enough money to keep a family of four out of poverty. The corporations that employ the most low-wage workers, meanwhile, “have largely recovered from the recession and most are in strong financial positions.” 92 percent of them were profitable last year, while three-quarters are making more in revenues than they were before the recession.

The retail industry is one of those that employs the most low-wage workers. (About 36 percent of low-wage workers work in retail.) And according to a new report from Demos, big retailers could afford to boost their workers’ income to $25,000 per year without eating into their bottom line:

The cost of increasing the living standards of more than 5 million Americans, adding $11.8 to $15.2 billion to GDP, and creating no less than 100,000 jobs amounts to just a small portion of total earnings among the biggest firms. The retail sector takes in more than $4 trillion annually and firms with 1000 or more employees account for more than half of that. At the same time labor compensation in the sector contributes only 12 percent of the total value of production, making payroll just a fraction of total costs. Large retailers could pay full-time, year-round workers $25,000 per year and still make a profit – satisfying shareholders while rewarding their workers for the value they bring to the firm. A raise at large retailers adds $20.8 billion to payroll for the year, or less than 1 percent of total sales in the sector. At the same time it is very likely the firm will experience benefits that offset the cost of the wage increase — in the form of productivity gains and higher sales per employee — making the net cost of the new wage even lower.

Meanwhile, “if retailers pass half of the costs of a wage raise on to their customers, the average household will see just 15 cents added to the cost of its shopping basket on any trip to a large retailer. That amounts to an annual cost of $17.73.”

NEWS FLASH

Anti-Gay Lawyer Arrested On Child Pornography Charges | A New Hampshire lawyer associated with the anti-gay Alliance Defending Freedom (ADF) has been arrested on charges related to child pornography. Lisa Biron allegedly took a teenager girl to Canada and forced her to engage in sexual activity, which she filmed. Witnesses have also testified to seeing Biron in possession of ecstasy, marijuana, and cocaine and she apparently sent threatening texts to those who might turn her in to police. Biron worked with ADF to help a Pentecostal Church in a tax fight against the city of Concord.

Economy

Republican Study Committee Flip-Flops On Copyright Reform In 24 Hours

For a brief moment last week, a House Republican group that serves as an idea shop for the party was on record proposing a remarkably far-reaching reform of American copyright law. The memo (PDF), written by a young staffer named Derek Khanna, was released Friday afternoon by the Republican Study Committee and noticed by The American Conservative’s Jordan Bloom.

Khanna’s memo begins by laying out the original constitutional purpose of copyright protection and how the current legal landscape has strayed from it. It then proceeds to challenge several widely-held beliefs about copyright law, including the claims that it promotes the greatest possible levels of productivity and innovation and that it represents free market ideals at work:

[A]ccording to the Constitution, the overriding purpose of the copyright system is to “promote the progress of science and useful arts.” In today’s terminology we may say that the purpose is to lead to maximum productivity and innovation.

This is a major distinction, because most legislative discussions on this topic, particularly during the extension of the copyright term, are not premised upon what is in the public good or what will promote the most productivity and innovation, but rather what the content creators “deserve” or are “entitled to” by virtue of their creation. This lexicon is appropriate in the realm of taxation and sometimes in the realm of trade protection, but it is inappropriate in the realm of patents and copyrights. […]

Today’s legal regime of copyright law is seen by many as a form of corporate welfare that hurts innovation and hurts the consumer. It is a system that picks winners and losers, and the losers are new industries that could generate new wealth and added value. We frankly may have no idea how it actually hurts innovation, because we don’t know what isn’t able to be produced as a result of our current system.

But by Saturday afternoon the RSC had pulled the memo, citing an inadequate review process and apologizing for the “oversight.” By then the memo had been saved by other sites and widely praised by the tech and libertarian-leaning quadrants of the blogosphere, many of whom saw the proposal as an opportunity for the GOP to energize young and internet-savvy voters while going after one of the Democrats’ biggest allies and fundraisers. Republicans, for example, were much quicker to abandon SOPA last year when protests against the law kicked into full gear.

The memo lists several specific examples of the damage done by copyright law: Stifling the DJ and remix markets in the United States, making the creation of public libraries — and in particular Project Gutenberg — more difficult, and penalizing legitimate investigative journalism. It concludes with suggestions for reform such as significantly shortening the length of copyright claims, expanding “fair use” doctrine, and reforming statutory damages. (Those damages can currently rise as high $150,000 per infringement.)

Read more

NEWS FLASH

Mosque In Tennessee Holds Official Grand Opening | A Murfreesboro, Tennessee mosque, after fighting through two years of lawsuits, held a grand opening celebration on Sunday. The Murfreesboro, Tennessee Daily News Journal reported from the ceremony yesterday, where speakers included “Jerry Martin, U.S. attorney for Middle Tennessee, and Thomas Perez, U.S. assistant attorney general of the Department of Justice.” The Chairman of the Mosque said during the ceremony that, “today, Sunday, Nov. 18, marks the occasion of the opening of the Islamic Center of Murfreesboro. I don’t know if you can tell how truly proud I am to say that. It was a long and bumpy road, a journey like no other. It was rough.” The opening comes after the mosque received a permanent occupancy permit because “the U.S. attorney argued that federal law required the county issue the certificate.” Previously, in August, the mosque had a prayer service after it was granted a temporary occupancy permit.

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