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The Contraception Decision was Based on Bill Clinton's Law!

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RUSH: Weekly Standard. Is this July 1st? Where's the date here? It's July 1st? (interruption) This is last night. This is last night about eight o'clock. "On Monday evening, Hillary Clinton said that she found the Supreme Court's ruling in the Hobby Lobby case 'deeply disturbing.' Clinton added that 'it's very troubling...'"

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RUSH: "On Monday evening, Hillary Clinton said that she found the Supreme Court's ruling in the Hobby Lobby case 'deeply disturbing.' Clinton added that 'it's very troubling that a salesclerk at Hobby Lobby who needs contraception, which is pretty expensive, is not going to get that service through her employer's health care plan because her employer doesn't think she should be using contraception.'"

None of that's true. None of it is true. "Contrary to Clinton's assertion Hobby Lobby's owner 'doesn't think [women] should be using contraception,' the family-owned business covers the entire cost of 16 out of 20 FDA-approved contraceptives under its insurance plan. The company's owners simply objected to covering pills or devices that may cause the death of a human embryo.

"The Supreme Court ruled Monday that the government's contraception mandate as applied to closely held corporations was a violation of the Religious Freedom Restoration Act, which was signed into law by Bill Clinton in 1993." So a Bill Clinton-era law is what was essentially struck down here, and Mrs. Clinton's out ripping the law! She's ripping her husband's own legislation, not knowing it. These people are so not in touch -- and Bill Clinton is doing the same thing, as though he has no memory of even signing it into law.

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RUSH: Here's the point. What enabled Hobby Lobby to deny those contraceptives was a law signed by Bill Clinton, the Religious Freedom Restoration Act. The government was found to be in violation of its own law, a Clinton law, and yet the Clintons are out ripping their own law here. It's hilarious.

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RUSH: I'm gonna stay on this Hobby Lobby for just a little bit more because there's much more you need to know about this.  I would urge any and all of you to review the first hour of this program at RushLimbaugh.com later.  You can listen to it again, you can read the transcript.  I would urge you to read the transcript of the first hour.  In fact, I think it's another way of absorbing the massive amounts of content on this program each day. Just go to the website and read some of the transcripts of the monologues and the phone calls that occur here. 

The next thing that I want to explain to you is something in the Supreme Court ruling referred to as the RFRA.  It is the Religious Freedom Restoration Act and it dates to 1993.  The Religious Freedom Restoration Act was signed into law by Bill Clinton, and it is exactly what it says.  It is a bill that was designed to restore freedom of religion to people who had seen it evaporate over the years.  And it is remarkable that if you go back to 1993, Democrats voted for this bill unanimously -- well, in the House and Senate it was unanimous.  That's how much things have changed just since 1993. 

It is a 1993 United States federal law.  It's a statute aimed at preventing other laws that burden anyone's free exercise of their religion.  The bill was passed by unanimous vote in the House, a near unanimous vote in the Senate.  There were just three dissenting votes there.  It was signed into law November of '93 by Clinton in the middle of his first year. 

I think it's really interesting to note here that there was a time when Democrats supported in near unanimous fashion the concept of religious freedom.  It's pronounced "riffra," when you pronounce the acronym.  And that, the Religious Freedom Restoration Act is what was essentially on trial in the Hobby Lobby case.  The Supreme Court ruled that the government's contraception mandate, which was after Obamacare was signed into law, remember, Sebelius did all of this after the bill was passed by Congress, signed by Obama. 

This was an added regulation. It was essentially an executive order that Obama made Sebelius do.  And the Supreme Court ruled yesterday that the government's mandate that employers provide contraception was a violation of Bill Clinton's law.  Hobby Lobby was simply saying we already have a federal law that supports us.  It is a Bill Clinton law that was signed into law in 1993.  We have had our religious freedom restored.  We already have the freedom to do this.  We are not violating a law.  And indeed, the Religious Freedom Restoration Act was essentially upheld, and Obama's regulation or executive order was slapped down. 

And yet there's Mrs. Clinton out ripping the Religious Freedom Restoration Act, not knowing or unaware or either aware and trying to escape any knowledge that she knew what she was doing, attacking it.  Can I make another point?  'Cause I think that is quite profound and it was not something I was gonna be able to figure out during yesterday's program.  I didn't have the time to delve into this before the program started. 

In 1993, Democrats, House and Senate, near unanimously agreed with the Religious Freedom Restoration Act.  And so the court held that the government could provide coverage or contraceptives and abortifacients without forcing Americans to violate their sincerely religious beliefs.  Hobby Lobby said, "Look, there is this thing out there called the Religious Freedom Restoration Act which gives us statutory law.  We are not gonna provide these four contraceptives.  They violate our religious tenets and the Religious Freedom Restoration Act is what we're standing on." 

And the court said, "Yep." The court said the government didn't have the right to unilaterally slap down a federal statute with an executive order.  So I don't think this is narrow for Obama at all in that regard.  But there's another interesting aspect to this, and that's pretty profound to me.  Why did we even get here?  Why did we even end up here at the Supreme Court?  The president acted, as usual, outside the Constitution. He acted without Congress. He unilaterally imposed this mandate on Hobby Lobby and other corporations and basically commanded them to violate their religious beliefs. 

That is how it came about.  It was not a congressional law.  And therefore when Josh Earnest shows up yesterday and says, "Well, you know, as the constitutional lawyer who sits in the Oval Office would tell you --"  There was nothing constitutionally being discussed yesterday.  This was totally statutory, folks.  The Religious Freedom Restoration Act, 1993, bunch of Democrats thought it mattered. In 1993 a bunch of Democrats voted for religious freedom being restored, corporations, individuals.  You'd never know it listening to them yesterday.  You'd never know it watching the media, listening to the media yesterday. 

So, essentially, Obama got taken down by virtue of his own action in the first place.  What he did was issue a mandate -- well, he had Sebelius do it -- that was in violation of a federal statute signed into law by Bill Clinton in 1993.  That's what the Supreme Court decided.  They said the government can't do this.  The government, the president simply can't come in and pretend the federal law doesn't exist and override it.  The fact that we won this narrowly is not comforting. I will take it, obviously, but this should have been another unanimous defeat for Obama like the 12 or 13 previous that he has suffered. 

Now, if Congress had passed the mandate, if the mandate for the contraceptives had come through Congress, then the Hobby Lobby people would have had a much tougher legal road than they had, because there would have been a statute behind the mandate.  But there wasn't.  So you have here the Religious Freedom Restoration Act.  Let me sum this up.  You have the Religious Freedom Restoration Act passed by Congress, signed by Clinton in '93, establishes the right that people have a right to practice their religion.  It needed to be restored.  It was under assault back then, Democrats all in favor of it. 

Barack Obama, because he's got a problem with corporations, because he's got a problem with the Catholic Church, because he's got a problem with statists, just decided, you know, "Screw you.  I'm gonna mandate that these people gotta do what they don't want to do, 'cause I really like making people do what they don't want to do that I think they should do."  So he came along and he simply mandated. Despite a federal statute telling him he couldn't do it, he did it anyway and got slapped down yesterday. 

So the remedy now, since Obama got slapped down, there's a remedy.  If he's really worried about all of these women who now have been denied -- and they haven't. There are 20 the FDA-approved contraceptives.  Hobby Lobby provides 16 of them.  The only four they didn't want any part of were those that kill a fetus, human embryo.  They didn't want any part of that, and they used the Religious Freedom Restoration Act to say they could.  Court upheld.  So now women that work at Hobby Lobby are not gonna have their contraception, those four paid for by Hobby Lobby. 

But there already is a unilateral executive order requiring insurance companies to buy those contraceptives for women that work in nonprofits.  Nobody's opposed it, nobody's taken it to the court and said they don't have any right. So it stands.  It's unilateral.  And Anthony Kennedy and a number of others have said, even Alito (paraphrasing, "Look, if Obama wants to fix this, he's already got a mechanism.  He can simply demand that the insurance companies fund those four contraceptives for women that work at Hobby Lobby and be done with this."  And Obama has chosen not to do that. 

Obama has chosen not to restore these contraceptives to the women, who could have them today.  Obama has instead chosen to make the Republican Congress do this, pass a new law.  He knows they won't.  He wants this to look like it's the Republicans that don't want women to have contraceptives so that he can continue to wage this phony War on Women and fund-raise.  So when you hear Barack Obama and Hillary Clinton wringing their hands and talking about the poor women who've now been denied their precious contraceptives, it is a lie.  They have not.

There is nothing in the ruling that denied women anything yesterday.  The only thing that happened was a federal statute, the 1993 Religious Freedom Restoration Act was upheld, which means Hobby Lobby doesn't have to pay for them.  Women can buy them themselves.  Isn't it amazing. If they really want these four contraceptives, they can go buy it themselves.  Nobody says they can't.  Or Obama could make their insurance companies do it, and insurance companies can't bill it back so that Hobby Lobby doesn't end up paying for it.  That's not permitted.

So it could have been solved last night by an adult president who's really serving his constituents. It could have been solved last night. It could have been solved yesterday afternoon.  Instead, Obama has chosen to do what he always does, politicize everything for the purposes of mischaracterizing Republicans and conservatives and fundraising.

Meanwhile, these women are being told they can't get these contraceptives.  Now, they're being lied to about that.  Obama is treating his own supporters as dirt.  He's using them as political footballs as well.  Based on the comments on social media, they all believe they can't go get contraceptives now.  They think they're faced with unwanted children left and right 'cause I guess these women make love 15,000 times a month.  And so they believe that they can't get these contraceptives, 'cause it doesn't occur to them to buy them themselves.  Somebody else should.  That's recent, too, but nevertheless there are any number of solutions, but Obama doesn't want one. 

So that's basically the long and short of this, folks.  There is no constitutional concept here.  There's nothing more than a statute that Obama violated.  He was called on it and offered remedies to fix it, and chose not to accept them and has now decided to provoke an unnecessary fight for the purposes of politicizing, fundraising, and mischaracterizing Republicans.  And that's Hobby Lobby.  

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RUSH:  By the way, late in the day yesterday Reuters tweeted the following:  "White House will consider whether president can act on his own to mitigate the effect of the Supreme Court contraception ruling."  That's why we ended up here in the first place is because he acted on his own.  He's gonna get slapped down again if he does it.  He's in violation of the Religious Freedom Restoration Act.  Had he not acted on his own we wouldn't be here.  So he's gonna compound the effort, if that's what they do. 

I want to read to you two things.  I went and actually got the law, The Religious Freedom Restoration Act.  "The purposes of this chapter are, 1.  To guarantee its application in all cases where free exercise of religion is substantially burdened.  And number 2.  To provide a claim or defense to persons whose religious exercise is substantially burdened by government."  Right there it is, number two, the Supreme Court had no choice.  Obama was in violation of the Religious Freedom Restoration Act, which provided defense to persons whose -- Hobby Lobby -- whose religious exercise is substantially burdened by government.  Government is Sebelius regulation mandating they give away these four birth control pills. 

The Religious Freedom Restoration Act states that its purpose -- one of many -- is to provide defense to people -- Hobby Lobby -- whose religious exercise, i.e., denying the distribution of those four abortifacients -- is substantially burdened by government.  A Bill Clinton-era law that he's very proud of, I assume, and Hillary very proud.  A Bill Clinton law the Democrats nearly unanimously agreed with in 1993.  

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RUSH: Here's Scott in Calhoun, Georgia, as we head back to the phones.  Scott, thank you for the call.  Great to have you here.  Hello.

CALLER:  Thank you, sir.  Thank you so much for taking my call.

RUSH:  You bet.

CALLER:  The best part of the Religious Freedom Restoration Act is that it was passed specifically to reverse a Justice Scalia decision.  Justice Scalia wrote a decision in [1990] in a case called [Employment Division v. Smith], and it talked about the religious right to smoke peyote.  And Justice Scalia said, "You do not have the right to carve out little individual exceptions and claim that as a religious freedom when the law is generally applied to you."  And that was the argument that the government made against Hobby Lobby.  The RFRA was passed to reverse that decision.  So if the law had stayed as Justice Scalia said it should have been, the government would have won yesterday, and that's a wonderful little irony in this that --

RUSH:  You can call it Scalia's last laugh.

CALLER:  Scalia's last laugh.  That's exactly what this is.

RUSH:  Well, you know, now that you mention this, Scott, I do recall this, and for those of you who were listening and found it odd that Democrats unanimously, even in 1993, nearly unanimously supported something called a Religious Freedom Restoration Act?  What the hell?  Do you know who one of the sponsors of that bill was?  Chuck Schumer!  I kid you not.  Chuck Schumer introduced it!  March 11th, 1993, Chuck Schumer, Democrat, New York, introduced the bill in the Senate.  And old Scott here, I remember this.  I had forgotten it until he reminded me. 

There was a very controversial case involving some narrative Americans on their reservation.  They were using peyote and some bad things happened, and it was equated by some to marijuana and there's always been this war on drugs. And the decision came down, "You can't use peyote, and you can't call it a religious exercise." And then Scalia said you can't have all these little carve-outs here and there 'cause then pretty soon anybody's gonna come along and claim whatever perversion that they want to enjoy is part of their religion.  And we can't have that. 

So the Democrats, to defend another group victimized by evil conservatives, the Native Americans, came up with the Religious Freedom Restoration Act, which was designed to say peyote is fine with us.  Jesse Helms voted against it, as did Robert Byrd, Sheets Byrd voted against it.  But other than that, it was near unanimous.  I had forgotten the peyote aspect of this.  I appreciate that, Scott.  

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