Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Is it possible to overturn but the Supreme Court did this week (Original Post) warrior1 Jul 2014 OP
Only if the Supreme Court itself (with some different Justices) decides to overturn it. The Velveteen Ocelot Jul 2014 #1
By legis, if that 90s religious freedom act was overturned, Anansi1171 Jul 2014 #2
That's the question. Since the court based much of its decision on the RFRA PoliticAverse Jul 2014 #5
Yes and my hubby believes it will be overturned Happyhippychick Jul 2014 #3
A picky point of clarification ... the decision applies to all "closely held corporations" etherealtruth Jul 2014 #4
Isn't that because dipsydoodle Jul 2014 #6
I can only venture a guess ... etherealtruth Jul 2014 #7
Not anytime soon. hrmjustin Jul 2014 #8
If a couple of them die... Historic NY Jul 2014 #9
Yes, Congress can essentially reverse the ruling. tritsofme Jul 2014 #10
No way those bastards will undo it Lee-Lee Jul 2014 #11

The Velveteen Ocelot

(115,674 posts)
1. Only if the Supreme Court itself (with some different Justices) decides to overturn it.
Tue Jul 1, 2014, 07:04 PM
Jul 2014

Or, Congress could amend the RFRA, the statute the case was based on, but with the current Congress that's not likely either.

Anansi1171

(793 posts)
2. By legis, if that 90s religious freedom act was overturned,
Tue Jul 1, 2014, 07:07 PM
Jul 2014

Would not the ruling fold? Logically, maybe. But this SCOTUS would conjure some obscura from the Inquisition that predates the US constitution but is essential to "the true spirit of the founders"

In other words, theyre making this all up as they go anyway.

PoliticAverse

(26,366 posts)
5. That's the question. Since the court based much of its decision on the RFRA
Tue Jul 1, 2014, 07:15 PM
Jul 2014

(Religious Freedom Restoration Act) presumably it could be modified by Congress to
remove the basis for the court's argument.

The justices could always come up with other reasoning in a similar case, perhaps
based on the first amendment's "prohibiting the free exercise thereof" restriction.

etherealtruth

(22,165 posts)
4. A picky point of clarification ... the decision applies to all "closely held corporations"
Tue Jul 1, 2014, 07:11 PM
Jul 2014

Here is how the IRS defines a closely held corporation:

http://www.washingtonpost.com/blogs/the-fix/wp/2014/06/30/a-lot-of-people-could-be-affected-by-the-supreme-courts-birth-control-decision/

Has more than 50% of the value of its outstanding stock owned (directly or indirectly) by 5 or fewer individuals at any time during the last half of the tax year; and Is not a personal service corporation.

Basically, "closely held" is a term that covers as much as 90 percent (or more) of all businesses, according to a 2000 study. But while it covers the vast majority of employers, it doesn't necessarily cover the vast majority of employees. That's because publicly traded companies tend to have many more employees than private ones.

Still, according to studies from Columbia University and New York University, closely held corporations employed 52 percent of the American workforce and accounted for slightly more than half -- 51 percent -- of economic output from the private sector.


I know my post implies that you do not know what a closely held corp is/ I did not mean to imply that (I am just posting this because it appears many folk have no idea how far reaching this ruling actually is)

dipsydoodle

(42,239 posts)
6. Isn't that because
Tue Jul 1, 2014, 07:19 PM
Jul 2014

publicly traded companies tend to have many more shareholders , rather than employees , than private ones ?

Americas largest private companies : http://www.forbes.com/largest-private-companies/list/

etherealtruth

(22,165 posts)
7. I can only venture a guess ...
Tue Jul 1, 2014, 07:27 PM
Jul 2014

Cargill, Koch Industries, Bechtel, Dell ... the list is staggering.

I would only guess that with a publicly held company there is no way to claim one set of religious beliefs that could be attributed to the corporate belief ... I don't know, I am only guessing.

the people that believe that this ruling can/ will only impact a small percentage of the work force need to educate themselves ... the number is somewhere between 51 and 52% of American workers.

tritsofme

(17,376 posts)
10. Yes, Congress can essentially reverse the ruling.
Tue Jul 1, 2014, 08:07 PM
Jul 2014

By amending the Religious Freedom Restoration Act of 1993 to clarify that it does not apply to corporations.

Of course with a Republican House that is very unlikely.

 

Lee-Lee

(6,324 posts)
11. No way those bastards will undo it
Tue Jul 1, 2014, 08:16 PM
Jul 2014

I am sure they consider it the best piece of legislation the right wing ever slammed through.

Latest Discussions»General Discussion»Is it possible to overtur...