{"id":3420,"date":"2014-07-01T08:40:20","date_gmt":"2014-07-01T12:40:20","guid":{"rendered":"http:\/\/intramuralist.com\/?p=3420"},"modified":"2014-07-01T09:02:11","modified_gmt":"2014-07-01T13:02:11","slug":"supreme-decisions","status":"publish","type":"post","link":"https:\/\/intramuralist.com\/?p=3420","title":{"rendered":"supreme decisions"},"content":{"rendered":"

\"sky<\/a>As told by the Supreme Court Historical Society…<\/p>\n

“I thought they would, well, talk Latin or something.”\u00a0 The visitor had heard argument at the Supreme Court for the first time.\u00a0 On another occasion, a high-school student reported “shock” that a black-robed Justice would rock in his high-backed chair and actually laugh out loud…<\/i><\/p>\n

To its majestic setting and moments of sheer ritual, the Supreme Court brings its distinctive manner of working in public\u2014by listening to one lawyer at a time and asking tough questions.\u00a0 Its atmosphere mingles informality with dramatic tension. In a city of bureaucracy, it keeps the directness of a group of nine.\u00a0 It cherishes its courtesies.\u00a0 But formality, courtesy, and dignity are not empty custom; they are vital to colleagues who are compelled to disagree publicly in print, expressing their deepest convictions, but always respecting the equally deep convictions of their fellow Justices.<\/i><\/p>\n

Dare I thus humbly submit — based on that last statement — that the Supreme Court and the slightly-less-popular-often-more-sarcastic Intramuralist have a common goal:\u00a0 respecting the deep convictions of another.<\/p>\n

In a government system of three equal<\/i><\/b> branches (note to the current Congress and President:\u00a0 much to your obvious dismay, neither of you trump the other),<\/i> the Supreme Court was established by the Judiciary Act of 1789, as called for by the Constitution.\u00a0 Consistent with their long history, yesterday, on the final session of their 2013-14 term, the high court released the following decisions with significant implications…<\/p>\n

In BURWELL v. HOBBY LOBBY STORES, INC.,<\/b> the Supreme Court rejected the administration\u2019s argument that the owners of companies forfeit all protection under the Religious Freedom Restoration Act, ruling that Obamacare\u2019s mandated provision of perceived abortifacient methods conflicts with the faith of the proprietors.\u00a0 As written in the majority opinion by Justice Samuel Alito, \u201cBecause RFRA applies in these cases, we must next ask whether the HHS contraceptive mandate \u2018substantially burden[s]\u2019 the exercise of religion… We have little trouble concluding that it does.\u201d<\/i><\/p>\n

In HARRIS ET AL. v. QUINN, GOVERNOR OF ILLINOIS, ET AL.,<\/b> the Supreme Court determined it is a violation of the First Amendment to force non-union members — in this case belonging to an Illinois rehab service — to pay union dues, thereby subsidizing the speech on matters of public concern by a union that they do not wish to join or support.\u00a0 As also written in the majority opinion by Justice Alito, \u201cThe First Amendment prohibits the collection of an agency fee from personal assistants in the Rehabilitation Program who do not want to join or support the union,\u201d<\/i> reversing the judgment of the Court of Appeals.<\/p>\n

Resist being lured into thinking a decision is foolish or wise because of who or how your emotional strings are tugged. \u00a0We have to learn to discuss and solve absent the bias and disrespect. \u00a0A prudent first step for each of us would be to read the court’s written opinions as opposed to reacting instantly, emotionally — typically not fully understanding the totality of the arguments.<\/p>\n

The bottom line in these two cases contains a common thread; what violates our First Amendment?<\/p>\n

In other words… how far does religious freedom extend? … for persons? … for proprietors? \u00a0What’s the relationship between one’s religious beliefs and being incorporated? \u00a0Also, how far does freedom of speech extend? \u00a0… can unions force<\/em>\u00a0the payment of dues\u00a0if that payment then subsidizes issues with which we disagree — issues we would never\u00a0choose to subsidize?\u00a0 When does forced compliance<\/em> violate our constitutional rights?<\/p>\n

And one more question:\u00a0 are there places — most likely due to passion or unchecked emotion — where we\u2019re a little blind?\u00a0 … where hypocrisy within our opposition or support may also be a common thread?<\/p>\n

Just asking…<\/p>\n

Respectfully, of course…<\/p>\n

AR<\/p>\n

<\/div>\n","protected":false},"excerpt":{"rendered":"

As told by the Supreme Court Historical Society… “I thought they would, well, talk Latin or something.”\u00a0 The visitor had heard argument at the Supreme Court for the first time.\u00a0 On another occasion, a high-school student reported “shock” that a black-robed Justice would rock in his high-backed chair and actually laugh out loud… To its … <\/p>\n

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