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MCC Sets 2013 Priorities
Defending religious liberty, protecting human life at all stages of development and ensuring economic justice for all are among the policy priorities adopted by the Missouri Catholic Conference (MCC) for work in 2013. Each year the MCC, the public policy agency for the Catholic bishops of Missouri, adopts priorities for special attention. To review the MCC priorities in detail, visit mocatholic.org
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Hobby Lobby Denied Emergency Injunction by
Justice Sotomayor
In an effort to avoid having to comply with the Health and Senior Services (HHS) abortion drug mandate, Hobby Lobby sought an emergency restraining order from the U.S. Supreme Court last month. In a brief order issued December 26th, Justice Sonya Sotomayor denied their request, stating "their entitlement to relief is not 'indisputably clear.'" She went on to note that the U.S. Supreme Court has not addressed the specific issue being debated in the case (i.e. whether being forced to provide employee benefits in a health plan substantially burdens a private employer's religious beliefs). She also noted that several lower courts have issued divergent opinions on the matter, making Hobby Lobby's entitlement to emergency relief not clear enough for the high court to act.
Justice Sotomayor said that Hobby Lobby can continue its challenge to the mandate in the lower courts and can petition the Supreme Court for relief if their appeals are unsuccessful. Stay tuned for more.
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Missouri Dairy Company Granted Temporary Injunction in St. Louis
On December 31st, U.S. District Magistrate Judge David Noce granted a temporary restraining order, granting relief from the HHS mandate for Sharpe Holdings, Inc., a Missouri for-profit dairy business. The restraining order also benefits Charles Sharpe, the owner of the business, and two of his employees who objected to being forced to pay for abortifacient drugs as part of their health premiums. Sharpe Holdings joins O'Brien Industries of St. Louis and American Pulverizer Company, also of St. Louis, as the third Missouri for-profit business to be granted relief from the HHS mandate. O'Brien's case was originally dismissed by a federal Circuit Judge in St. Louis. However, the 8th Circuit Court of Appeals reversed the lower court's ruling and granted a temporary restraining order on behalf of O'Brien Industries. American Pulverizer was granted a temporary restraining order in December by U.S. District judge Richard Dorr. The various diverging opinions in these cases means that the U.S. Supreme Court will likely have to resolve the issue of whether the HHS contraceptive mandate infringes on the free exercise of religion for private employers, Catholic hospitals and Catholic universities. A final decision is probably one year or more away. With the deadline for compliance with the mandate upon us, time is running short. The Obama administration has until August 2013 to resolve the conflict for those entities granted the one year safe harbor from enforcement of the mandate, including Catholic dioceses and Catholic charity groups, among others. |
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Federal Judge Deals Blow to Missouri SB 749
Judge Audrey Fleissig, a Federal District judge in St. Louis, has granted a temporary injunction on behalf of the Missouri Insurance Coalition blocking enforcement of SB 749, the religious liberty bill passed last session, Governor Nixon's veto notwithstanding. The law was passed as a direct challenge to the HHS mandate and requires insurance companies in Missouri to offer plans excluding coverage for contraception if such coverage violates an employer's religious beliefs or moral convictions. Judge Fleissig ruled that the Missouri law was trumped by the Patient Protection and Affordable Care Act and ordered the Department of Insurance to stop enforcing the new Missouri law. The MCC is exploring what additional steps to take to defend the SB 749 law. Stay tuned for more.
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The Dollars and Sense of Medicaid Expansion - Series #4
 State Rep. Chris Kelly (D-Columbia) has penned an article discussing the Medicaid expansion. Mr. Kelly, who is known as a maverick Democrat who works well with Republican colleagues, is urging his fellow members of the Missouri House to put aside their distaste of "Obamacare" and consider how rural hospitals may be harmed should Missouri refuse to expand Medicaid. The Kelly article offers one perspective on this issue. Click here to read the article.
Meanwhile, Governor Nixon has come out in favor of the Medicaid expansion while legislative leaders remain staunchly opposed. Unless the governor can win support in the general assembly, a Medicaid expansion will not happen. Even the governor's office concedes expanding Medicaid cannot be done by executive action alone; law changes are needed and that means the general assembly would need to pass a bill raising eligibility for Medicaid. Stay tuned for more. |
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Fiscal Cliff Averted -- For Now
Most observers are panning the fiscal cliff deal for failing to make a dent in the burgeoning federal deficit. An increase in income taxes was avoided for 99% of American households, but the deal did not establish any major cutbacks in federal spending. The president indicated he was open to more deficit reduction talks and those talks will need to start right away as Congress must now begin to consider whether to raise the debt ceiling limit. Click here for an article from The Economist that offers a brief summary. |
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Jail Standards for Missouri
Should Missouri establish standards for local jails? That was the underlying question in a recent article in the St. Louis Post Dispatch. The article focused on health and safety problems in the 145-year-old jail in Iron County known as the "dungeon". The conditions are so dismal that many fear a lawsuit could force the county to make changes on a court-ordered timeline. Proposed tax increases to build a new jail in the economically depressed county have failed. Unlike about 30 other states, Missouri does not have jail standards. The quality of Missouri's jails varies widely and there is no real incentive for counties to make improvements. Missouri law does allow several counties to join to build regional jails, but counties often prefer to keep local control. Jails in Missouri are used to hold people awaiting bail, trial or transfer to prison. Individuals who have a sentence up to one year can be held in a local jail. In recent years local jails have been viewed as a way to relieve overcrowding in prisons. Click here to read the article. |
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