Priorities

I think there’s something that Megan McArdle doesn’t understand:

The administration didn’t force employers with a religious objection to offer contraception because it made financial or medical sense; they did it because it had great symbolic value to Barack Obama’s political base. And much of that symbolic value seems to actually come from the willingness to coerce people who object to buy the stuff. You can imagine that in an intra-left debate over what mandatory services should be covered, some of the people now professing outrage at Hobby Lobby Stores Inc. (one of the parties involved) would see the logic of ditching birth control if it lowered premiums by $15 a month and thereby increased access.

But, in fact, if you want to make the Patient Protection and Affordable Care Act viable for the long term, you’re going to need the support of folks like Hobby Lobby as much as you need low premiums. There are many religious people in America, and if you want to keep stirring up active opposition to the law, one good way is to suggest that this law forces them to pay for something they are convinced is morally wrong. (Hobby Lobby’s objection is not to contraception in general, but specifically to products that could prevent a fertilized egg from implanting.) If you want to still be fighting Obamacare in the trenches 40 years from now, the best way I can think of is appending it to the argument over abortion.

which is that part of the problem with our political system today is that accomplishing something material doesn’t necessarily produce political gain but poking a stick in your opponent’s eye does. And it feels so good.

There is a hierarchy of values at work here. Having an issue is better than solving a problem. Hurting your poilitical opponent is better than reaching a mutually agreeable solution. Holding tough is better than compromise.

With that hierarchy in mind, it’s clear that appending Obamacare to the argument over abortion is a feature rather than a bug.

10 comments… add one
  • PD Shaw Link

    Illinois mandates contraception coverage(*), but allows employers to opt out on religious or moral grounds. I think that is pretty much about the middle ground for states, with some states having no mandate and other states having limited exemptions:

    http://www.guttmacher.org/statecenter/spibs/spib_ICC.pdf

    I don’t see any reason that Obamacare couldn’t reflect Illinois multiculturalism.

  • Megan states the reason pretty clearly. It’s political. It would be considered a betrayal by the portion of the base that being courted when the provision was put in to begin with.

  • TastyBits Link

    If Hobby Lobby wants the company to be treated as a person, this should apply for taxes also.

  • steve Link

    There is also evidence that providing contraceptive care decreases costs for private insurers. The evidence is stronger for Medicaid.

    http://www.guttmacher.org/pubs/CPSW-testimony.pdf

    Religious organizations already do not have to offer contraceptive coverage. I would be fine with doing something similar to what most states do, but I think we should acknowledge that this is mostly nonsense. Nearly all of the women in the religious groups who are not supposed to use contraceptives actually use them.

    Could Hobby Lobby cover my jury duty?

    Steve

  • PD Shaw Link

    (*) — Self-Insured excepted.

    Oops, forgot.

  • PD Shaw Link

    The question is, as Humpty Dumpty would put it, if Congress intended to exempt the Affordable Care Act from a religious test it itself created, why didn’t it?

    One possible answer is that the ACA would not have passed with such an exemption. Another is that Congress possessed the gift of foresight into the views of the SCOTUS. Another is that the Congress were stupid, blind idiots. One possible final view, is that the Congress didn’t care what the Courts did, it would claim the hearts of its minions in either instance.

  • steve Link

    PD- I dont think it is that complicated. Nearly all women end up using some form of contraception, even those in groups who are not supposed to use them. You please a lot of women while angering a minority of older men.

    Steve

  • PD Shaw Link

    @steve, I suppose you are right, particularly as to the lack of co-pays or other economizing features that are uniquely required of contraception coverage.

    I suppose Illinois offered a mandate with broad exemptions (which I believe would cover Hobby Lobby) because “white ethnics” have historically been important swing constituencies in state politics. Its not always the numbers that matter, its where the center is.

  • jan Link

    An acerbic view of the redistribution philosophy behind the PPACA (and Obama’s political agenda, period, or Eddie Murphy In Reverse, brought to you by Mickey Kaus:

    The ultimate extension of this principle is a sort of reversed image of the world Eddie Murphy memorably sketched on Saturday Night Live, in which white people don’t have to pay for newspapers or food etc. the way anyone else does. In this reverse-Murphy world, the affluent pay more for everything. Every individual good is means-tested.** They pay more for health care–why not also for auto licenses and parking violations and pet tags and meals and newspapers? They aren’t taxed–if they stay home and count their money, they’re safe. They’re just punished for their income classification every time they venture out into the community. Redistribution gets turned into a pervasive, day to day form of social inequality and disrespect–an effect multiplied by the apparent assumption by Democrats that the semi-affluent don’t really have a right to bitch about it. They’re supposed to be unseen and unheard–almost non-citizens.

  • PD Shaw Link

    Eugene Volokh is posting a multi-part treatise on the Religious Freedoms Restoration Act this week that promises to very good. He appears to think the primary issue is not corporate person-hood or the limitations on commercial behavior, but whether requiring employers to provide contraception coverage is the least restrictive means of obtaining the mandate’s objective. I would think that would be easy (the government can provide contraception directly or indirectly through the tax code), but the implication is that precedent is unclear.

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