Hobby Lobby

Arrow’s Paradox Dismembers Supreme Court Illogic

A few years ago around July 4, we wrote about the fallacy of the Supreme Court’s 2010 decision in the Citizen’s United v Federal Communications Commission case opened the door to giving personal rights to corporations by prohibiting the government from restricting political expenditures. These same fallacies underpin the recent ruling in Burwell v Hobby Lobby  newly bestows on corporations the right to assert religious freedom when considering their employees birth control. Neither were good decisions. They were irrational and false because they are devoid of any valid national vision.

As Congress waves its arms trying to rectify the impact of these two decisions, I thought it would be interesting to revive our previous analysis.

Our national constitution was designed to provide a process for managing collectives and overarching rights to limit their operation against the individual and personal choice. By according individual citizen rights to collectives, the court destroyed this balance. The result was the creation of an irremediable failure within the foundation of balanced decision making in the Constitution, resulting in the final destruction of any voice from the people at the ballot box.

Kenneth Arrow

Kenneth Arrow

Collectives are not and can never be functionally equivalent to individuals. The critical difference is in the quality of decision making. Individuals make choices based on their own sense of truth and their will to act upon it (or not). Collectives aggregate the opinions, true and untrue, fantastic and incomplete, of their members by various means, but never as an individual. The essential unfairness of this was conclusively demonstrated in the 40’s by Kenneth Arrow, in a PhD thesis that foreshadowed a lifetime of work for which he later received the Nobel Prize in Economics. In brief, Arrow showed that, given a group of three or more people, all expressing preferences according to their own desires, there was no possible way to combine their individual judgments to achieve a collective decision that would be non-dictatorial, representative, decisive, and fair, among necessary qualities. The main difference is that the individual decides, but the group decision making process, even conducted with perfect transparency, necessarily diffuses the inevitably illogical and irrational way the conclusion was reached, protecting the guilty within the group by spreading moral responsibility across the whole body of participants, both innocent and guilty. Of course, Arrow’s Paradox may also be taken as a proof of the inevitable inadequacy of any collective form of government to achieve all the ideals one might reasonably expect of it.

The Constitution elaborates a mechanical government and gives it force, while the Bill of Rights offers a set of vague and unenforceable promises to protect the individual from the depredations of government and the mob or horde. What can we possibly do to rescue our communities from the global plan of legalized slavery that is now sliding into place with the surety born of an alien invasion of overwhelming might? Old-style humans increasingly organize to own and control all property and, since property is essential to life, all living things as well. They have conspired to take control of all aspects of government, including the ability to define what government is and is to be. They have announced loudly their intention to make our presently oppressive government a refined instrument of total social and economic control, to accelerate the attrition of the weak by deliberately increasing the death rate through destruction of social and medical services and infrastructure, and to trap a planet in their incredible solipsistic delusions of personal grandeur. Such is the legacy of our pastfathers.

For over two centuries the worst of such bullies progressively gained greater control over the Federal government, the US military, and the know-nothing cults displaying their self-generated delusions and ignorance under false-flag Christianity, Judaism, and Islam, which, as “religions of the book,” are peculiarly susceptible to such spiritual derailment when subjected to ignorant literal reading of their largely irrelevant and obsolete texts.

And what has all this social terrorism of the meek and powerless achieved for our nation? The US has the poorest performance among all advanced economies in income inequality, food insecurity, prison population, and mathematics education. At the same time, US life expectancy is significantly worse than other advanced nations.

We celebrate our nation’s birthday and honor the vision of what our nation might have been had we been a truer and wiser people, less inclined to reliance on imagined history and other myths of the past, and more willing to replace fear with love. Now that we have witnessed the cycle of our old nation, like Greece, Rome, and other false social constructs, cycling to an ignominious end in a convulsion of greed, bullying, and imperialism, we know better for the future. It is now our task to build new ways of living on the remaining working parts and reusable structures of that which we now transcend.

Our own transhuman destiny calls those of us who understand and have experienced the full dimensions of complete freedom of sexual orientation and gender identity to accept our role as teachers and leaders in the founding of a new social order. We shall move forward in time with the future, at last to build that great and fabulous society of which we have always dreamed.

There’s mighty work afoot. Let us begin to prepare for the second great North American federal republic—the nation that is to be, that will realize the ambitions of humanity to be safe and at peace, where all can grow into the fullness of their abilities.

 

Express Your Dissent!

It is unbelievable that in 2014
we are still fighting about women’s
access to basic health care like birth control.

If you agree — say so. Just click here now
to add your name to the dissent.
— Cecile Richards, Planned Parenthood

Photo by James Palinsad Flickr/creative commons

Photo by James Palinsad
Flickr/creative commons

In a dramatic 5-4 decision along ideological lines, the Supreme Court today chose to side with corporations over people and set a brand new (and untested) precedent that is just the starting gun for more and more corporations claiming religious freedom superiority over the needs of their employees.

(See a LATE BREAKING UPDATE at the bottom showing the already cascading effect this decision is having in the lower courts, in less than 8 hours.) 

In Burwell v Hobby Lobby, the right-wing justices vacated a portion of the Affordable Care Act that applies to certain for-profit corporations, giving them superior religious freedom rights. They performed this bit of surgery with a dull hack saw. In the the process they perpetuated a fatal misunderstanding of the difference between pregnancy prevention and abortion.

Protecting the free-exercise rights of closely held corporations thus protects the religious liberty of the humans who own and control them. — Supreme Court Justice Samuel Alito

It was a good day to be a boss. And a very good day for all the lawyers who will now thrive because of the havoc this decision will fuel. 

Justice Stephen Breyer and the 3 women Justices, Ruth Bader Ginsburg, Sonia Sotomayer, and Elana Kagan, dissented in consideration of the tens of thousands of working women who are now unable to exercise their religious freedom, or more bluntly, freedom from the religious freedom of others with whom they disagree. Ginsburg called it, “A decision of startling breadth,” and went on to say . . .

The Court’s expansive notion of corporate personhood . . . invites for-profit entities to seek religion-based exemptions from regulations they deem offensive to their faith . . . The Court, I fear, has ventured into a minefield . . .

The longstanding, extreme right-wingnuts’ campaign to dismantle any gains in reproductive freedom is driven solely by their theocratic fundamentalist beliefs that dictate that women shouldn’t control their own bodies, or shouldn’t be wanting to have sex in the first place, and that pregnancy prevention amounts to another form of abortion. Their position is that discrimination against women health care is not discrimination at all — it’s okay for your bosses to know better what you need.

Now it’s up to the Congress to provide a contraceptive work-around, if possible. For now, however, working women have to pay twice, first by their labor which entitles them to health care, and then separately outside of their company’s health care program. For example, a working woman now must pay more than $1000 for a IUD, an intrauterine device that prevents pregnancy, in many cases equal to a month’s pay.

There is an irony here because less available contraception will result in more pregnancies which are even more expensive and more of a strain on women’s overall health and their economic opportunities.

This impasse is a perfect example of an inhumane and coercive system that must be replaced with a humane and voluntary association outside of the influence of governments, corporations, and religious hierarchies. Shall birth control, including abortion, be a matter for the growing theocracy or be a matter between a woman and her health care providers? See A Manifesto for The New Age of Sexual Freedom to understand why VenusPlusX believes issues like these are of supreme importance.

Join us and Planned Parenthood in expressing your dissent so together we can do everything possible to protect and defend women’s health and rights nationwide.

Related . . .

— A possible (very slim) silver lining in today’s ruling

— Some equally bad decisions this session:  McCullen v Coakley, stripping buffer zones at women’s clinics; and, today’s weakening of unions, and the worker benefits they sponsor with Harris v Quinn

— Two very good decisions: Protecting personal privacy in Riley v California Rulingand denying cert rejecting challenge to California’s law banning gay sex therapy.

— When Will We Move to Impeach Certain Supreme Court Justices, Part 1 and Part 2

— When Free Speech Becomes Sedition

— How Right-wing Nuts are Actually Helping Progressives

UPDATE from SCOTUSblogActing swiftly in the wake of the Court’s ruling on Monday, and relying directly upon that decision, the U.S. Court of Appeals for the Eleventh Circuit on Monday blocked all enforcement of the mandate against an Alabama Catholic TV network, a non-profit entity. Dozens of cases similar to Hobby Lobby are in the pipeline and now sure to be viewed with more favor.

 

 

 

Supreme Court: Don’t F#ck it up

Congressional Clarity: Americans United, Allies Deliver Briefing on Hobby Lobby Suit

“Should the Supreme Court rule in favor of Hobby Lobby, employers would be able to privilege their religious convictions over their employees’ – something we consider to be an egregious distortion of the principle of religious liberty” — Litigation Counsel, Greg Lipper, Americans United for Separation of Church and State

A robust national debate has been going on leading up to the soon-to-be ruling from this session of the Supreme Court regarding the standing of a corporation’s religious liberty, (in this case, Hobby Lobby) with respect to its employees’ access to birth control has been mired in the plaintiff’s misinformation and misdirection. This week, Lipper was joined by others, including  Sara Hutchinson of Catholics for Choice, Roy Speckhardt of the American Humanist Association, and Nancy Kaufmann of the National Council of Jewish Women,  tried their best to brief Congress on the potential consequences of a Hobby Lobby victory for real religious liberty, and lay the ground work for legislative rescue should this the court rule in favor of Hobby Lobby.

4156193126_f2ac736727_bSince the court has previously ruled that corporations have “personal” rights, the fate of this case is worrisome.

Hutchinson said, “those consequences would be profoundly negative for most Americans,” adding that organizations such as the U.S. Conference of Catholic Bishops do not represent popular support despite its claims to the contrary.

“We firmly believe that contraception coverage protects women.”

“Catholics believe that women’s conscience rights deserve respect.”

Kaufmann reinforced the point.

“[A Hobby Lobby victory] would undermine a woman’s religious liberty to make a faith-informed decision about birth control.”

. . . [P]eople of color, who tend to be low-income as a result of racial inequalities, would be “disproportionately” affected by a ruling that limited contraception access.

“We hope the courts uphold the religious liberty of all people”

Flickr/creative commons

Flickr/creative commons

Speckhardt spoke up for the rights of non-theists.

“True religious liberty must include the option to be non-religious . . .”
“It must not be used by those abusing it for partisan agendas.”

Religious minorities would be burdened by a Hobby Lobby victory, Speckhardt asserted, and he cited concerns that employers could deny access to other necessary medical procedures if religious exemptions to the Affordable Care Act are broadened.

 

The effort to define religious liberty is sure to continue no matter what the verdict, but activists in every other arena would do well to understand the importance of religious liberty for all as a pillar of civil rights because it affects everything.