Antonin Scalia

How Scalia Helped Obama Defend The Birth Control Rule

Sahil Kapur | February 10, 2012, 6:01AM

Justice Antonin Scalia

This article was updated at 1:00 pm ET to include breaking news after publication.

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."

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Mitt Romney

Dems Slam Romney For Inconsistencies On Birth Control

Sahil Kapur | February 9, 2012, 5:17PM

In his 2006 Massachusetts health care law, Mitt Romney embraced a virtually identical contraception coverage mandate as President Obama recently has, experts say, and as a result expanded access to birth control for hundreds of thousands of women. And Democrats really want you to know that.

"They are practically mirror images or each other," John McDonough, a professor of public health at Harvard, said on a conference call organized by the Democratic National Committee. "They completely reflect each other."

Romney has embraced the shocked, shocked tone of leading Republicans on this issue in recent days, and Democrats have acted swiftly to flag up inconsistencies in his position.

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Birth Control

Rubio Bill Lets ANY Employer Deny Birth Control Coverage

Sahil Kapur | February 9, 2012, 3:25PM

Senator Marco Rubio (R-FLA).

Legislation introduced by Sen. Marco Rubio (R-FL) to reverse the Obama administration's birth control rule would effectively permit any employer to deny contraception coverage in their employee health plans, critics note.

"Any employer could deny birth control coverage under Rubio's bill and all the employer would have to do is say it's for a religious reason," said Jessica Arons, Director of the Women's Health and Rights Program at the liberal Center for American Progress. "There is no test to prove eligibility. It's a loophole you could drive a truck through."

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Birth Control

GOP Ripe For Splits In Assault On Birth Control Rule

Sahil Kapur | February 8, 2012, 5:58PM

Congressional Republicans' pledge to mount a legislative push against the Obama administration's requirement that health insurance plans cover birth control comes with a risk: Alienating their members who have previously pushed or voted to mandate contraception coverage.

Back in 2001, six Republican senators sponsored legislation decreeing that health insurance plans may not "exclude or restrict benefits for prescription contraceptive drugs or devices approved by the Food and Drug Administration." In other words, they would be required to provide birth control. The bill never made it out of committee, but that wasn't for a lack of effort from the GOP.

The measure's lead sponsor was Sen. Olympia Snowe (R-ME) and cosponsors included Sen. Susan Collins (R-ME); the other four have since left Congress. Counterpart legislation in the House was introduced by former Rep. James Greenwood (R-PA) and cosponsored by 14 others Republicans including incumbent Rep. Todd Platts (PA) and now-Sen. Mark Kirk (IL).

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Birth Control

Boehner Threatens Legislative Action If Obama Does Not Reverse Birth Control Rule

Sahil Kapur | February 8, 2012, 12:13PM

House Speaker John Boehner (R-OH) gave a rare floor speech Wednesday threatening legislative action if the Obama administration does not reverse its rule requiring health insurance plans to cover birth control without copays.

"If the president does not reverse the Department's attack on religious freedom, then the Congress, acting on behalf of the American people and the Constitution we are sworn to uphold and defend, must," Boehner said. "This attack by the federal government on religious freedom in our country cannot stand, and will not stand."

The Speaker said the House would take matters into its own hands with committee hearings and legislative action to push back if the administration declines to act.

"In the days ahead, the House will approach this matter fairly and deliberately, through regular order and the appropriate legislative channels," Boehner said. He called on the Energy & Commerce Committee, which has jurisdiction over the issue, to take steps against the rule and "consider all possible options."

Boehner last week called the regulation unconstitutional. The White House is weighing options to appease religious concerns.

Watch Boehner's speech below:

Doc fix

GOP Looks Set To Block Dem Fix For Medicare Doctors

Sahil Kapur | February 8, 2012, 10:00AM

Rep. John Boehner (R-OH) and Rep. Eric Cantor (R-VA)

House GOP leaders are set to shoot down a silver-bullet pay-for to fix Medicare physician payment rates, sources close to leadership tell TPM, even though the idea has strong support among Democrats and some key Republican lawmakers. The so-called "doc fix" is being negotiated as part of the payroll tax cut package and momentum to use war savings to eliminate the Medicare flaw has recently halted due to GOP divisions over the idea.

The idea of using unspent Overseas Contingency Operation (OCO) funds from troop withdrawals Iraq and Afghanistan has the support of top Democrats as well as influential Republicans like Senate Minority Whip Jon Kyl (AZ) and GOP Doctors Caucus chairman Rep. Phil Gingrey (GA). While President Obama and Dems want to tap into the $838 billion fund for infrastructure as well, GOP backers say it shouldn't be used for anything other than a doc fix.

But two former Republican staffers turned health industry lobbyists say House GOP leaders are now opposed to tapping into the money even for that.

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Birth Control

Putting The Growing Birth Control Firestorm In Perspective

Sahil Kapur | February 6, 2012, 4:05PM

The Obama administration's requirement that health insurance plans cover birth control has provoked a full-blown Republican firestorm over religious liberty. But the policy itself carves out an exemption for churches and doesn't require any individual or employer to violate a religious belief -- it simply ensures that their employees with different beliefs have the same access to birth control as all other women.

The background: The Affordable Care Act provides that insurance companies cover certain preventive health services without copays. Last August, the Department of Health and Human Services drew upon recommendations from the Institute of Medicine and decided that birth control be part of that package. It said employer-based health care plans must cover contraceptive services without copays. The move received limited attention at the time.

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Bob McDonnell

Bob McDonnell: GOP Governors Deserve Credit For The Recovery, Not Obama

Sahil Kapur | February 5, 2012, 1:39PM

Bob McDonnell

Virginia Governor and Mitt Romney surrogate Bob McDonnell (R) on Sunday floated what may turn into a Republican talking point if the economy continues to improve: It wasn't President Obama who made it happen, it was the GOP governors.

"Look, I'm glad the economy is starting to recover, but I think it's because of what Republican governors are doing in their states, not because of the president," McDonnell said on CNN's "State of the Union."

The Virginia governor unleashed a comprehensive broadside against Obama's economic record and governance in his first term. "It's been a complete failure of leadership," he said. "He cannot run on his record. He's had no plan for jobs or energy that he's got passed, so he's got a tough record."

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Newt Gingrich

Gingrich: Austerity Is Wrong For America, We Need Pro-Growth Policies Instead

Sahil Kapur | February 5, 2012, 11:56AM

Newt Gingrich said Sunday that an "age of austerity" is the wrong solution for the economy and would "punish" the American people. He said he prefers "pro-growth" policies instead. The comments appear to pour cold water on the modern Republican belief that austerity and growth go hand in hand.

The 2012 Republican presidential candidate was asked by NBC's David Gregory on "Meet The Press" whether his hopes for a U.S. colony on the moon fly in the face of the GOP's fiscal responsibility mantra. Gingrich responded with some choice words about austerity itself before defending his lunar ambitions.

"First of all, David, I don't think you'll ever find me talking about an age of austerity. I don't think that's the right solution," Gingrich said. "I am a pro-growth Republican. I'm a pro-growth conservative. I think the answer is to grow the economy, not to punish the American people with austerity."

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