Contraception Coverage and Freedom

Just to look at one small aspect of Americans’ liberties, here’s an item: mandated coverage of women’s contraception.

Senator Roy Blunt’s (R, MO) amendment was an attempt to restore a measure of liberty; a copy is here;  it said, in part [emphasis added]

(E) While PPACA provides an exemption for some religious groups that object to participation in Government health programs generally, it does not allow purchasers, plan sponsors, and other stakeholders with religious or moral objections to specific items or services to decline providing or obtaining coverage of such items or services, or allow health care providers with such objections to decline to provide them.

It also says

(A) FOR HEALTH PLANS.—A health plan shall not be considered to have failed…on the basis that it declines to provide coverage of specific items or services because—(i) providing coverage (or, in the case of a sponsor of a group health plan, paying for coverage) of such specific items or services is contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan; or (ii) such coverage (in the case of individual coverage) is contrary to the religious beliefs or moral convictions of the purchaser or beneficiary of the coverage.

The measure was voted down in the Senate on Thursday by a nearly straight party-line vote of 51-48.  In the run-up to the vote, Senate Democrats had cast it as an attempt to limit women’s access to birth control.  They also had claimed

[T]he bill is “a wolf in sheep’s clothing,” and may allow employers to exclude coverage for any conditions they find religiously or morally objectionable.

They say this could become a slippery slope, resulting in the exclusion of coverage for HIV & AIDS, mental health, hemophilia, STD’s and more

The Obama administration blasted Blunt’s amendment in a press release Wednesday, saying the president’s supporters need to “stand for a woman’s right to make her own health decisions.”

I certainly hope the amendment, had it passed, would have allowed exclusion—or a decision not to purchase—for “and conditions” that are “religiously or morally objectionable.”  This is an area in which our Constitution, so routinely disregarded by the Progressive administration, explicitly barred the Federal government from entering.  Furthermore, aside from the freedom of choice issues related to mandating coverage—and so paying for this coverage when it’s unwanted or unneeded—and the ludicrous “essential health benefits” aspects of contraception, what religious or moral grounds would be cited?  The Progressives have carefully declined to offer any examples.

Senator Frank Lautenberg (D, NJ) was especially disingenuous in his argument against this amendment.

I don’t want Republican politicians making decisions about my family’s health care.  Women are capable of making their own health-care decisions.

Except, no, they’re not.  Not after Lautenberg got his way: their decision is thrust upon them by this Progressive and his fellows.  Senator Lautenberg and the Federal government now will make health-care decisions in lieu of them.  Obama claimed to “stand for a woman’s right to make her own health decisions,” but with this vote, women are not allowed to decline to purchase a health-care service they do not want or will not use or find morally or religiously objectionable.  They must buy.  They cannot make their own health decision.  Read again the Section E quoted at the start.  See the freedom of choice that the Progressives voted down.

Information Flow, PRC Style

Last month the People’s Republic of China’s government news service, Xinhua News Service, carried a statement from the State Administration of Radio, Film and Television (SARFT) concerning the PRC’s decision about what the Chinese people will be permitted to see on theirthe government’s television sets.  The translation is courtesy of NightWatch.

A recently implemented rule has effectively curbed the “excessive entertainment” trend as two-thirds of the entertainment programs on China’s 34 satellite channels have been cut….  According to an SARFT directive last October, each of the country’s satellite channels would be limited to broadcasting two entertainment programs each week and a maximum of 90 minutes of content defined as entertainment every day during primetime….  The directive also required channels to broadcast at least two hours of news programming.

The restricted programs on the SARFT list include dating shows, talent contests, talk shows as well as emotional stories that were deemed ‘excessive entertainment’ and of “low taste.”  …the satellite channels have started to broadcast programs that promote traditional virtues and socialist core values.  The newly-added programs…are documentaries as well as cultural and educational programs….  The SARFT believes that the move to cut entertainment programming is crucial in improving cultural services for the public….

Nothing like limiting speech “for their own good.”  The Chinese people apparently are sufficiently bereft in judgment that they cannot be left to their own devices—or to their own decisions concerning what speech they might wish to hear.

KnightWatch reminds us that the PRC does not have freedom of speech.  It’s important to note, also, that these broadcasting restrictions are consistent with another fundamental ideological position of the PRC: free markets, free speech, freedom of association, and so on are not inalienable rights; they are privileges granted by government, to be adjusted from time to time solely according to government judgment.

Consider also, the background of this broadcasting move.  In response to increasing influence in the PRC  by Western culture and ideas, which has been facilitated by increasing foreign trade (and some loosening of economic strictures in the direction of freer markets), which in turn helps foster an increasingly prosperous peasant and middle class population (at least by historical Chinese standards), Chinese leadership is pulling back and retightening restrictions.

Last fall, the Chinese Communist Party Central Committee approved an explicitly ideological foundation for cultural activities, announcing a new policy specifically to eliminate many Western entertainment shows and so limit much foreign influence.  Moreover, the PRC government earlier this year ordered internet service providers to ensure that microblog posters (a rough equivalent to the Western Twitter facility) have registered their accounts under their real names—no anonymity here. The government also has pressured those running the microblog platforms to censor themselves “voluntarily.”

So, I ask: of what is the PRC government so afraid?  Oh, wait—it’s the men populating the government…. And I ask further: why do we want these guys for our national banker?

h/t Business Insider

The Constitution: Who Needs It?

Certainly not our Progressive Supreme Court Justices.  Justice Ruth Bader Ginsberg doesn’t even think our Constitution is a worthy for others drafting a new one:

I would not look to the U.S. Constitution if I were drafting a constitution in the year 2012.

I might look at the constitution of South Africa.  That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary.

The South African constitution is interesting for how it treats individual rights and Justice Ginsburg’s independent judiciary.  There’s this on rights [emphasis added]:

When interpreting the Bill of Rights, a court, tribunal or forum must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; must consider international law; and may consider foreign law.

Their Constitution notes this in its Preamble:

We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic

It wasn’t even adopted directly by the people, as ours was, just by their government.

Their Constitution notes this about their Bill of Rights [emphasis added]:

7. Rights.-
( 1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
…
(3) The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill

Here is what Section 36 says about limiting those “Rights.

36. Limitation of rights.-
(1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including-
(a) the nature of the right;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the relation between the limitation and its purpose; and
(e) less restrictive means to achieve the purpose.
(2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.

The Government gave, the Government hath taken away.

I won’t go into the vasty enumeration of “fundamental” rights (34 pages worth!), that is an enshrinement of “rights” that are the fallout of individual decisions made under our Creator-given and inalienable ones.

Now here is Justice Ginsberg’s “independent” judiciary

(4) Only the Constitutional Court may-
(6) decide on the constitutionality of any amendment to the Constitution:

And this [emphasis added]

173. Inherent power.-
The Constitutional Court, Supreme Court of Appeal and High Courts have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice….

This isn’t “independent.”  This is superior, the final despot.  The people aren’t to be allowed to decide for themselves what their Constitution will say.  Ultimately, the people’s representatives will not be permitted to make the law in their name—the courts’ common law will overwhelm.

This is what a Progressive Justice of the Supreme Court thinks is a superior constitution.

Hypocrisy

Fox News is reporting that the People’s Republic of China is claiming that

it was forced to veto a United Nations vote on Syria because it was called before differences in the proposal were bridged, but denied playing spoiler and said it wants to see an end to violence there.

Forced.  Poor babies.  The resolution that the PRC (and Russia) chose to veto would have been a move toward ending nearly a year of Bashar Assad’s killing—to the tune of 5,400—of his own people since last March.

The PRC justifies itself by insisting that the resolution, as written, unduly pressured…the Syrian government.  This is a strange, but strangely consistent, objection coming from a country with similar problems in Tibet, and in its Xinjiang province (which is populated with all those uppity Uighurs.  Oh, yeah, and that also is the PRC’s largest natural gas-producing region).  This also comes from a country that still maintains it has a right to conquer the Republic of China.

Liu Weimin, a spokesman for the PRC’s Foreign Ministry, insisted that that too-early Security Council vote was forced before suitable (Chinese diluting) amendments had been agreed.   This, though, ignores the fact that the PRC never would have accepted a resolution that had actual teeth for ending the Syrian government’s butcherybloodshed.  Just as it had consistently demanded watering down earlier versions of the resolution.

Liu also denied that the PRC was favoring Assad, in particular.  Yet this is exactly the outcome of the Chinese veto.

The People’s Daily  opined

The present situation in Syria is extremely complicated.  To naively back one side, while attacking the other side, might look like bringing about a favorable turn, but is actually just laying up trouble ahead.

No.  It’s not complicated at all.  Either the PRC supports Assad and his behavior, or it does not.  In the meantime, people are dying today.  But that’s no trouble at all.

We don’t need to keep taking the PRC seriously on the political stage; we can ignore and bypass them—and we should ignore and bypass them, so long as they continue to side with bloody despotism.

These Chinese are not just on the wrong side of history—they’re on the wrong side of morality.