Dueling Op-Eds And the Great Divide

It will be a fine fight for the Senate seat in Massachusetts and the lead up is not disappointing.  The Horse Race is now turning into a duel at thirty paces.

Elizabeth Warren offered the first volley, making her position clear on the  contentious dispute over women’s access to contraception under the Healthcare Reform Act.  She stated in no uncertain terms that exclusionary waivers for contraception access were outrageous.  She supports President Obama’s compromise and expressed shock at Scott Brown signing onto the Blunt amendment that would allow employers deny coverage for ‘moral or religious reasons.’  Speaking to Greg Sargent last week she said:

This is an extreme attack on every one of us.  It opens the door to outright discrimination. It would let insurance companies and corporations cut off pregnant women, overweight guys, older Americans, or anyone — because some executive claims it’s part of his moral code. Maybe that wouldn’t happen, but I don’t want to take the chance.

Neither do I.

But even if the language in the Blunt amendment were airtight, I’d oppose it and find the suggestion totally unacceptable.  I pay taxes for wars for which I was never consulted and absolutely disagree with.  That’s against my moral code.  Can I get a tax refund now?  I also think giving vulture oil companies subsidies is a ludicrous and immoral practice.  Another refund?  Oh, and those Wall Street bankers, the greed, the fraud that American taxpayers got stuck for?  I want my money back, now.

We can all play this opt-out game.

So, where does Scott Brown come down on the question of women’s healthcare?  Quelle surprise!  He’s rubberstamping the irrational GOP position.  But by doing so, he takes a 180-degree spin from his 2002 vote, when he supported a mandate on contraception, the Church be damned!  Nonetheless, his answer to Warren?  Through spokesman, Colin Reed:

It’s elitist for Elizabeth Warren to dictate to religious people about what they should believe and how they should act. She wants to use the power of government to force Catholics to violate the teachings of their faith.  That is wrong. This issue deals with one of our most fundamental rights as a people — the freedom of religion. Like Ted Kennedy, Scott Brown supports a religious conscience exemption in health care.

Nice going, Mr. Brown.  It’s wrong today but wasn’t wrong in 2002.  The political winds must have been blowing differently a decade ago.  And we’re conjuring up the ghost of Teddy Kennedy?  Shame on you.  But what I really like is the word ‘elitist,’ which is the Republican/Fox News buzzword for ‘those snooty people, who are not real Americans.’  Real Americans drive a truck like Scott Brown–back and forth to a home in Wrentham valued between $1-2.3 million.

Yup, just like average folks!

Lest we forget, there’s a reason Scott Brown was named by Forbes magazine as one of “Wall Street’s favorite senators.”

To be fair, Elizabeth Warren is no financial slouch.  Both Warren and Brown have done extremely well for themselves.  They’re both lawyers, educated, well-heeled professionals, standing on either side of the Great Divide we call politics.  The issue of contraception has been put into play, an issue that according to all polls marks Warren’s position as the undisputed winner.

The Boston Globe ran Dueling Op-Eds on the issue.  Warren’s editorial is here.

She starts with that withering image of the Republican panel that Representative Issa managed to convene—a panel of five poker-faced, middle-aged men discussing contraception and religious rights.  In the optics department it was a devastating image.  Out of touch much?  A prime female health consideration and you fail to have women on the panel?  Says everything we need to know on the Republican mindset.  Elizabeth Warren then takes Scott Brown to task not only for supporting the proposed Blunt bill but fighting to get it passed.

If you are married and your employer doesn’t believe married couples should use  birth control, then you could lose coverage for contraception. If you’re a pregnant woman who is single, and your employer doesn’t like it, you could be denied maternity care. This bill is about how to cut coverage for basic health care services for women.

Let’s be clear what this proposed law is not about: This is not about Catholic institutions or the rights of Catholics to follow their faith. President Obama has already made sure religious institutions will not be forced to cover contraception – at the same time that he has made sure women can get the health care they need directly from their health care insurers. Carol Keehan, the president and CEO of Catholic Health Association, said that Obama’s approach “protects the religious liberty and conscience rights of Catholic institutions.

And Scott Brown’s answer:  It’s a matter of fundamental fairness.  Really?

Here’s the beginning of Brown’s statement:

The new ObamaCare mandate forcing religious organizations to offer insurance coverage for practices that violate the teachings of their church gives the government control over the most personal aspects of our lives. It also erodes one of the basic protections of the Constitution – the right to practice religion without government interference.

The federal government is now saying to religious hospitals and charities, “Just do what you’re told, and leave the moral questions to us.’’ This over-reaching dictation from Washington is one reason I opposed and voted to repeal ObamaCare.

Which, of course, fails to answer the earlier question: why was a mandate A-okay in 2002, yet oh so wrong now?  Possibly because then it concerned RomneyCare.  The name makes all the difference in the world!  Interesting, too, that according to Think Progress:

Brown also voted for a 2005 bill mandating hospitals to offer emergency contraception to rape victims, even after lawmakers defeated his amendment to allow religious hospitals to opt out of the requirement. Brown split with then-Gov. Mitt Romney on the matter and joined the legislature in overriding his veto.

And the American public?  The polling numbers on the issue of contraception and subsequent WH compromise are revealing:

Obama’s compromise takes this politically charged issue off the table for mainstream Americans, most of whom side with Obama. A Fox News poll conducted last week before Obama’s Friday announcement found that 61 percent of voters believe employer health plans should be required to cover birth control for women, while 34 percent disagreed. Among women, two thirds approved of the requirement.

Rush Limbaugh may scoff at the issue.  But for women?  This is a very big deal.  Because birth control means reaching this point in our lives:

When we’re ready.

And Mr. Brown?  You’re not only a hypocrite on the issue, you’re definitely on the wrong side of history.


Apologies And Cockroaches

I’m always amazed when politicians/public personas do or say something truly idiotic, catch flack for it in the press and/or the court of public opinion, and then apologize in a half-ass way

It’s those girl scouts, again! 

This is often referred to as: Making A Bad Situation Worse!

And so here comes the utterly pathetic apology of Bob Morris, Republican State Rep from Indiana, who went on a moral crusade against the Girl Scouts of America, charging they were a secretive arm of Planned Parenthood [automatically bad in Morris’s opinion] and as such were indoctrinating our daughters in the corrosive ideas of feminism, lesbianism and yes, even communism.  Morris made these accusations in a ‘letter of concern,’ which he sent to fellow Indiana legislators.  How could he know that his written opinion [the result of tireless web-based research by his own admission] would go public, putting him and his ravings on review?

The world is truly an unfair place!

No doubt the publicity proved problematic for Morris because he has now offered an apology.  Of sorts.  He’s willing to admit that his words were: emotional, reactionary and inflammatory.  He did not mean to impugn those families active in Girl Scout organizations that are run in a responsible manner, those promoting leadership, community involvement and family values.

This flies in the face of earlier comments [Tuesday of this week] to a local radio station, where Morris said:

“The Girl Scouts of America don’t stand for anything. They let those girls do what they want in their troop meetings.”

How quickly these righteous warriors fold when exposed to the daylight.  Now Morris says he should not have painted the Girl Scouts with “such a broad brush.”

“Had I known this letter would have gone to a wider audience, I would have cited further evidence for my position,” Morris wrote.

Let me play a little inside betting on this one: I’ll stake you 10:1 that had Morris known the letter would have gone public, he would never have written it.  It’s easy to be a bully and nincompoop when you think the team is squarely on your side.  It’s an altogether different scenario when you’re exposed for what you are: a religious reactionary with an axe to grind, in this case against anything or anyone connected to Planned Parenthood.  And where would a Bob Morris get the sense that smearing the Girl Scouts and Planned Parenthood was A-okay?

From the rah-rah being given to the likes of Rick Santorum, whose recent ravings have been heralded ‘as sincere, steadfast.’  I’m sure the judges in Salem were viewed with the same sanguine eye.

Morris’s full apology can be found here.

Satan's Wafers

But men like Morris just cannot help themselves.  Yes, they want the public attention to go away but they just cannot or will not back down.  Even in apology, Morris feels the need to challenge:

On March 5, 2004, the Girl Scouts of the United States of America’s CEO, Kathy Cloninger, stated in an interview on the NBC Today Show that the Girl Scouts USA partners with Planned Parenthood with regard to sex education for Girl Scouts. To my knowledge, the Girl Scouts USA have not rescinded, corrected or denied that statement.

There you go.  Sex education = sexualization.  Why?  Because we all know that ignorance is bliss.   In fact, Rick Santorum disclosed to Mania Meister Glenn Beck that higher education is a dangerous thing, that the President’s plan to extend college educations to ever more students is a dark, nefarious plot:

On the president’s efforts to boost college attendance, Santorum said, “I understand why Barack Obama wants to send every kid to college, because of their indoctrination mills, absolutely … The indoctrination that is going on at the university level is a harm to our country.”

He claimed that “62 percent of kids who go into college with a faith commitment leave without it,” but declined to cite a source for the figure. And he floated the idea of requiring that universities that receive public funds have “intellectual diversity” on campus.

Yes sir,  keep those kids down on the farm ‘cause, golly shucks, you give ‘em an education how you going to convince ‘em the earth is only 6000 years old or that cavemen saddled up the dinosaurs.

Why let scientific evidence stand in the way when magical thinking is so much more soothing.  And ideologically correct.

Oprah has her own list about making ‘good’ apologies but here’s Peggysue’s suggestions for future mea culpas:

If you don’t mean it, don’t say it. This is a turn on the Thumper philosophy: If you don’t have anything good to say, don’t say anything at all.

A Cockroach caught in the daylight.

Do not come kicking and screaming to an apology, regardless of what your pollsters say. Resistance shows and just makes you look like a bigger cockroach.

Do not state an additional challenge in an apology. Example: Okay, I got caught with my pettiness and religious right-wing bona fides showing but here: PROVE THIS WRONG.

The essence of any apology is humility.  If you can’t manage humility and/or your acting abilities are subpar?  Just hang it up.  You are a cockroach and will likely remain a cockroach.

You can avoid apologies altogether by remaining in the shadows.  There’s a reason cockroaches hang together in the dark.  Because the light makes them vulnerable.  In the light, the rest of us get to see what a nasty piece of work a cockroach really is.

Btw, here’s a factoid about the insect world:  a cockroach can survive weeks without its head.

Color me positively unsurprised!

Sunlight, the best disinfectant


The God Of Small, Mean Things

If there’s a positive aspect in the recent skirmishes of the Contraception Wars, it’s the exposed, full Monty view of right-wing political theology.  Rick Santorum, a self-appointed moralist in this ancient battle, espouses views that neatly summarized the public’s [primarily men’s] viewpoint on women’s issues some 100 years ago.

When I listen to Rick Santorum and his carping supporters, who fervently believe that they and only they have a right to determine a woman’s reproductive destiny, I’m certain that the Comstock Laws [back in the day] would have suited them perfectly.

In the waning years of the Grant administration, Anthony Comstock waged a one-man crusade in the US against what he viewed as pornographic, obscene and lewd materials.  He was the judge and jury in this matter and after great effort and energy, the Comstock Act was written into law in 1873, amending the Post Office Act. It read as follows:

Be it enacted…That whoever, within the District of Columbia or any of the Territories of the United States . . .

shall sell…or shall offer to sell, or to lend , or to give away, or in any manner to exhibit, or shall otherwise publish or offer to publish in any manner, or shall have in his possession, for any such purpose or purposes, an obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing or other representation, figure, or image on or of paper of other material , or any cast instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertise the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any king, stating when, where, how, or of whom, or by what means, any of the articles in this section…can be purchased or obtained, or shall manufacture, draw, or print, or in any wise make any of such articles, shall be deemed guilty of a misdemeanor, and on conviction thereof in any court of the United States…he shall be imprisoned at hard labor in the penitentiary for not less than six months nor more than five years for each offense, or fined not less than one hundred dollars nor more than two thousand dollars, with costs of court….

For the next forty years, Anthony Comstock wielded a censoring club on all things he deemed smutty and obscene.  That included any and all materials related to contraception, abortion, sex education, sex itself and managed to extend itself not only in posted materials but literature, suppressing the works of DH Lawrence and Theodore Dreiser as well as banning nudity in artworks, even images and text in medical books, describing and illustrating reproductive functioning.

This is where the push to purity takes one, a mindless rejection of the human body and human nature, an extreme Sin of the Flesh philosophy.

Comstock had a particular problem with women, particularly the likes of Margaret Sanger and her supporters, as well as the Suffragettes, who openly defied Comstock’s puritanical attitudes.  These women marched, sent pamphlets to supporters, opened health clinics, smuggled contraception devices into the country, went to jail, went on hunger strikes, put their bodies on the line.  And did not give up.

Women earned/won their right to vote in 1920.  Griswold v the State of Connecticut was decided by the Supreme Court in 1965.  The decision protected the right of married women to practice contraception and demand access to reliable reproductive services.  These rights were eventually extended to unmarried women, the right to privacy established, which later swung the door open to the Roe v Wade decision.

I have no doubt that Santorum and like-minded, right-wing adherents would have no problem, slamming that door shut, hopping into a time machine and revisiting the days of Comstock purity.  Let’s review the latest Santorum Hit Parade:

Telling a crowd at the Ohio Christian Alliance on Saturday that President Obama’s agenda was a “phony ideology” not “based on the Bible,” Rick Santorum has offered two  explanations:  the imposition of secular ideas on the Catholic Church and radical environmentalism that he claims the President specifically and Democrats in general have been pushing to the max.

Where to begin?

On the first charge, Santorum said:

The president has reached a new low in this country’s history of oppressing religious freedom that we have never seen before. If he doesn’t want to call his imposition of his values a theology that’s fine, but it is an imposition of his values over a church who has very clear theological reasons for opposing what the Obama administration is forcing on them.

This is clearly an example of contorted gamesmanship.  When there is no defense to your position, you claim your opponent is doing what you yourself desire to do, in this case, impose your beliefs on the greater population.  Very Comstock-like.

No one is forcing anything on Santorum, the Church or those who agree with their rigid position.   The ‘compromise’ the Administration offered has already been accepted by Catholic charities, hospitals and universities as reasonable and workable.  The fact that Santorum and the Catholic Bishops want to run their position into the ground does not make it right or timely.  It’s simply a narrow, constipated outlook that belongs to an age when women were securely under the thumb of men like Santorum and the whims of Catholic Church.  History has passed; attitudes and positions change.

In defense of the second explanation—radical environmentalism—Santorum had this to say to Bob Schieffer’s Face the Nation:

This idea that man is here to serve the Earth, as opposed to husband its resources and be good stewards of the Earth. And I think that is a phony ideal… I think a lot of radical environmentalists have it upside-down.

What pops out to me is the phrase ‘husband its resources.’

Change that phrase to the single word ‘extraction’ and we get the gist of what’s being said.  So, anyone opposing the Keystone Pipeline would be deemed a ‘radical environmentalist,’ even though the 1700 mile pipeline endangers America’s bread basket and a major aquifer, would not reduce our dependence on unfriendly oil suppliers [80% of the refined tar sands is contracted for export] and would offer, at best, 5000-6000 temporary American jobs. Even an amendment to this new bill, a proposal that would have ensured that at least the steel for the pipeline would have been from the US, was rejected out of hand.

Color me a Environmental Radical.  The Keystone project benefits no one but the rich financiers behind it.  They get the mega-profits; we [the public] get stuck with a wasted landscape and the cost of any cleanup.

Or perhaps, Santorum is speaking about the WH’s kibosh on the uranium mining deal for the Grand Canyon.  Splendid idea there.  Turn one of the Wonders of the World, a national treasure into a money pit for mining interests.  I’ve stood on the rim of the Canyon, marveled at the grandeur, the colors, the staggering expanse. And this, we would turn into a uranium mine?  What a small, stingy idea!

I suspect Teddy Roosevelt [one of those evil progressives] is turning in his grave.

But Santorum outdid himself with this comment:

He lambasted the president’s health care law requiring insurance policies to include free prenatal testing, “because free prenatal testing ends up in more abortions and therefore less care that has to be done because we cull the ranks of the disabled in our society.”

Culling the ranks of the disabled?

Don’t mistake this comment as a defense of religious liberty because this is a coded charge that what contraception and abortion [presumably determined through prenatal testing and care] really involves is a form of eugenics.  We will cull the herd of imperfections.  Or we will attempt genocide of minorities.  This is Glenn Beck hysteria.  Billboards in Georgia revived the old smear against reproductive rights, charging that African American women were being targeted for abortion services.  Black children, the claim stated, were an ‘endangered species.’

Funny that.  I thought we were all of the same species.

If we truly want to talk about minorities being endangered, why don’t we talk about our prison population, comprised primarily of people of color.  But, of course, that would be uncomfortable, deemed unfair by Republican politicians, who in their infinite wisdom want our prison system privatized, which will ensure maximum capacity for the sake of profits.

These arguments are old and pathetic.  They’ve been leveled against anyone and everyone who have supported basic health services to women.  Prenatal screening is a mainstay in the health of an expectant mother and the viability of any pregnancy.  Problems can be picked up early and corrected before a delivery. The health of an expectant mother translates into the health of the developing fetus. The idea that screenings should be done away with or not offered to low income women is cruel.

The religion that Rick Santorum and his ilk would like us to swallow whole is one dictated by religious fanatics, purists like Anthony Comstock, where it’s their way or the highway.  It is small.  It is mean.  It is unworthy of anything approaching the Divine.

We want a healthy society?  Then we offer health services to all our citizens.  Yes, even women, who deserve to be the arbiters of their own reproductive lives.

Garry Willis, historian, journalist and Catholic intellectual had this to say in a piece entitled “Contraception’s Con Men”:

The Phony “Undying Principle” Argument

Rick Santorum is a nice smiley fanatic. He does not believe in evolution or global warming or women in the workplace. He equates gay sex with bestiality (Rick “Man on Dog” Santorum). He equates contraception with the guillotine. Only a brain-dead party could think him a worthy presidential candidate. Yet he is praised by television pundits, night and day, for being “sincere” and “standing by what he believes.” He is the principled alternative to the evil Moderation of Mitt Romney and the evil Evil of Newt Gingrich. He is presented as a model Catholic. Torquemada was, in that sense, a model Catholic. Messrs. Boehner and McConnell call him a martyr to religious freedom. A young priest I saw on television, modeling himself on his hero Santorum, said, “I would rather die than give up my church’s principles.” What we are seeing is not a defense of undying principle but a stampede toward a temporarily exploitable lunacy.

I rest my case!


Seriously Perverted

You don’t really have to be a “birth control mom” to understand that the Republican and Red Beanie obsession with other people’s sex lives is just plain wrong.  Trying to turn the reproductive

with apologies to R Crumb

health of women into a moral and religious freedom issue is one of the worst perversions of our time.  I no longer require birth control but recognize the importance of birth control and abortion access as central to the recognition of women as a functioning adult capable of making moral decisions in a free and functioning democracy with constitutional rights.  Women’s Reproductive Health is not a fucking political football.

Just a few weeks ago, the notion would have seemed far-fetched. The country is deeply divided on abortion, but not on contraception; the vast majority of American women have used it, and access hasn’t been a front-burner political issue since the Supreme Court decided Griswold v. Connecticut in 1965.

But then Rick Santorum said states ought to have the right to outlaw the sale of contraception.

And Susan G. Komen for the Cure yanked its funding for Planned Parenthood.

And the U.S. Conference of Catholic Bishops teed off on President Barack Obama’s contraception policy.

And House Republicans invited a panel of five men — and no women — to debate the issue.

And a prominent Santorum supporter pined for the days when “the gals” put aspirin “between their knees” to ward off pregnancy.

Democratic strategist Celinda Lake says it’s enough to “really irritate” independent suburban moms and “re-engage” young, single women who haven’t tuned into the campaign so far.

And, she says, the stakes are high: Women backed Barack Obama in big numbers in 2008 but then swung right in 2010. If the president is to win reelection in 2012, he’ll need to win women back — and Lake and other Democrats see the GOP push on contraception as a gift that will make that easier.

“I feel like the world is spinning backwards,” said former Rep. Patricia Schroeder, who has often related the troubles she has as a young married law student getting her birth control prescriptions filled in the early 1960s. “If you had told me when I was in law school that this would be a debate in 2012, I would have thought you were nuts … And everyone I talk to thinks so, too.”

Jennifer Lawless, director of the Women and Politics Institute at American University, also sees the chance of a huge female backlash if the Republicans overreach.

There are so many things about this article in Politico–by a woman–that piss me off that I hardly know where to start.  The first is the bogus description of  “deep division” in the country about abortion.  The only deep division that I can see comes from the right wing continually pushing lies like the existence of abortion on demand hours before giving birth and bogus, nonexistent procedures like “partial birth abortion.” 

The frustration of the right wing over their inability to control access to Plan B, hormonal birth control and first trimester abortions is at the root of all this.  The push to force sonograms, invasive vaginal probes, and “life” begins at the moment of conception religous tropes is building to a crescendo. If only the red beanie set were this obsessed about ending world hunger or nuclear war or ensuring universal health care. The vast majority of women have basically had, are having, are using or will use all three of those things.  To characterize normal reproductive health measures as murder and anti-religious is ridiculous.  But I’d like to add this warning, if the political and punditry class on either side think they can turn us all into a new voting segment, I think they’re also going to learn the meaning of the word backlash.  Women’s reproductive health shouldn’t be trapped in the land of political gamesmanship. Just who the hell are they to score political points with women’s lives??

Read the rest of this entry »


Obama’s Compromise Provides Universal Insurance Coverage on Birth Control



Here’s the statement from Planned Parenthood on this policy.

Statement by Cecile Richards, President of Planned Parenthood Federation of America, on Obama Administration Announcement on Birth Control Coverage Benefit:

“In the face of a misleading and outrageous assault on women’s health, the Obama administration has reaffirmed its commitment to ensuring all women will have access to birth control coverage, with no costly co-pays, no additional hurdles, and no matter where they work.

“We believe the compliance mechanism does not compromise a woman’s ability to access these critical birth control benefits.

“However we will be vigilant in holding the administration and the institutions accountable for a rigorous, fair and consistent implementation of the policy, which does not compromise the essential principles of access to care.
“The individual rights and liberties of all women and all employees in accessing basic preventive health care is our fundamental concern.

“Planned Parenthood continues to believe that those institutions who serve the broad public, employ the broad public, and receive taxpayer dollars, should be required to follow the same rules as everyone else, including providing birth control coverage and information.

“As a trusted health care provider to one in five women, Planned Parenthood’s priority is increasing access to preventive health care. This birth control coverage benefit does just that.

“The birth control benefit underscores the fact that birth control is basic health care, and is fundamental to improving women’s health and the health of their families.

“That’s why women have consistently applauded the Obama administration for one of the greatest expansions for women’s health in decades.

“Unfortunately there are significant and immediate threats to women’s health and access to birth control in the House and Senate that would completely take away access to birth control and severely undermine women’s health.

“One bill, the Rubio-Manchin bill, would allow any business or corporation, on the basis of personal religious belief or moral conviction, to take away birth control coverage from their employees.

“Employers should not be allowed to impose their personal beliefs on employees regarding birth control coverage or basic health care.

“Another bill, sponsored by Senator Blunt (R-MO), would drastically undermine women’s health and allow any employer or health plan to refuse to cover any health care service they object to on religious or moral grounds.

“That’s why Planned Parenthood, and women across the country, won’t let up for one minute in our fight to protect the birth control benefit and women’s health.

As far as I can tell, this change does several things.  First, coverage  occurs now and the one year adjustment period has ended.  Women in these religiously affiliated institutions will get coverage now instead of a year from now.  The Insurance industry has dropped co-pays and for plans for religious organizations, insurers must contact all their insured and offer contraception with no co-pay.  Second, the outrage at the fetus fetishist sites is on high.  Third, all the major women’s groups and abortion rights groups see this as good.  I’m relieved and I was really seeing RED this morning.

Just because I’ve been on a major roll about the idea of “religious conscientious objections” and SCOTUS, I thought that I’d share this with you in case any complaint reaches SCOTUS.  It’s from TPM and it’s called How Scalia Helped Obama Defend The Birth Control Rule.  This “accommodation” will prevent any litigation from reaching SCOTUS.

The Obama administration is already facing lawsuits challenging its requirement that insurance plans cover birth control as a violation of religious freedom. Speaker John Boehner (R-OH) has flatly called the regulation unconstitutional. But although it’s unclear how much traction the legal challenges will gain, especially in light of the White House adjusting the mandate Friday, the President and his backers have one unlikely man to thank for helping their cause: Justice Antonin Scalia.

“One thing I think is crystal clear — there is no First Amendment violation by this law,” Adam Winkler, a constitutional law professor at UCLA, told TPM. “The Supreme Court was very clear in a case called Employment Division v. Smith, written by none other than Antonin Scalia, that religious believers and institutions are not entitled to an exemption from generally applicable laws.”

The Reagan-appointed conservative justice authored the majority opinion in the 1990 decision Employment Division v. Smith, a critical precedent to the birth control case, decreeing that religious liberty is insufficient grounds for being exempt from laws. The Supreme Court said Oregon may deny unemployment benefits to people who were fired for consuming peyote as part of a religious tradition, seeing as the drug was illegal in the state.

“To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself,” wrote Scalia, an avowed Catholic and social conservative, quoting from a century-old Supreme Court decision and giving it new life. His opinion was cosigned by four other justices.

Thanks to this decision more than any other, Winkler said there’s no reason to believe the constitutional argument against the rule has any legs. And while the high court later ruled to create a ministerial exception in anti-discrimination laws (to shield the Church from liability in forbidding women to become priests), it has not altered the Smith precedent insofar as it applies to the birth control rule. “So it would seem extremely difficult” for the courts to overturn it on that basis, Winkler posited. “I don’t think there’s any real argument.”

Also, I woke up outraged and at the moment, after spending the entire morning looking ALL of this over, I’m relieved.  For all the talk of it being an accommodation, it seems to follow court precedent on accommodations but in reality seems to expand and speed up access.   Here’s a link to The Center for Reproductive rights and their press release.

Said Nancy Northup, president and CEO of the Center for Reproductive Rights:

“The Obama Administration is as good as its word. Millions of women across the country will have equal access to contraception without co-pay, without fear that their employers may refuse to cover this critical health service.

“Now, the relentless crusade against women’s access to birth control must end. Members of Congress must support full and equal health care for all American women and immediately reject any further efforts to deny coverage of contraception as a critical preventive healthcare service.”

Senators Joe Manchin (D-W.Va.) and Marco Rubio (R-Fla.) recently introduced legislation that would prohibit the federal government from mandating that employers cover no-copay birth control in their insurance plans. Senate Majority Leader Harry Reid (D-Nev.) blocked an attempt yesterday by Senator Roy Blunt (R-Mo.) to add an amendment to an unrelated highway bill that would allow exceptions to the coverage if employers were religiously or morally opposed to it.

“We will be watching the implementation of the Administration’s regulation closely to ensure that no woman is denied access to contraceptive coverage by her employer,” Northup said.