Manhattan Buckeye;1081605 wrote:And the point of the rule is what, that insurers can't decide not to provide coverage for certain issues - and with Obamacare they are forced to provide it? Awesome. The religious angle is only the foundation of the ridiculousness of this decision. What gives the federal government the ability to dictate what services a business may conduct?. I can see the Constitutional reasons for federal anti-discrimination laws, in that if a business decides to provide services, it cannot withhold services from people in a discriminatory manner. That is based in the Constitution. I don't see the Constitutional basis for this.
Well according to the Supreme Court Congress can dictate the services that a business provides, because it's commercial activity, if it has a rational basis on which to conclude that the activity in the aggregate substantially affects interstate commerce. So if Congress believes that private health insurers, in the aggregate, choosing not to provide contraceptive coverage would substantially affect the national health insurance markets, they're free to tell Health Insurers to cover contraception.
Maybe you don't agree with that and think that is outrageous but that's pretty much been the Constitutional Jurisprudence since the New Deal and has been ratified in opinions by conservative members of the court.