I (Religiously) Object

Last week, there were a couple of Supreme Court rulings of major interest.  The most interesting, and polarizing, one was Burwell v. Hobby Lobby.

In brief (pun intended), the court struck down the contraceptive coverage mandate under the Affordable Care Act (ACA).  It further ruled that closely held for-profit corporations could be exempt from a law they religiously object to if there is a less restrictive means of furthering the law's interest.

As expected, this ruling sent progressives into a tizzy.  The basic themes were 1) corporations are not people, and 2) now every employer will be able exempt itself from federal laws by saying they have a religious objection.

Anyone who looks back at this blog knows that I generally side with the socially liberal viewpoint.  I even posted an entry about the self-righteousness of some groups opposing the mandate.  And yes, it does seem crazy that 5 Catholic males on a court could make far-reaching decisions that affect only women.  (On second thought, not only does that seem crazy, it IS crazy.)

However, anyone who looks back at this blog will also know that I generally side with fiscally conservative capitalism.  While there's nothing specifically fiscally conservative about this ruling, generally speaking, I don't believe that employers should be federally mandated to provide medical coverage of any kind.

So, I'm having a hard time getting worked up about the Burwell ruling.  While I disagree with it, I also think the one absolute problem with the ACA is the employer mandate.  While everything else about the ACA may turn out just fine, including the individual mandate, the employer mandate is dumb.

Regardless of whether it's the 'job-killer' conservatives want to believe it is, employers (and other related third-parties) should not be in the health care business.  The ACA should mandate that employers NOT provide coverage, instead of the other way around.  Employers will then have to compete for quality employees solely on the basis of pay.  (I've just solved the minimum wage issue, too!)

Let the people be responsible for getting their own coverage, as with other forms of insurance.  If that sounds like it discriminates against the poor, that's why we have Medicaid.  (I know, I know, this attitude means taxpayers like me might be paying for more indigent medical care.  But on balance, I think it would still be no worse, and probably better, than it is now.)

Suffice it to say, I think the Burwell ruling is illogical, and anti-female, but I don't think it's the end of the republic.  Corporations surely aren't people, but even corporations should have some protections from the law, e.g. tort reform.  Too bad Hobby Lobby didn't focus on that.