Wednesday 9 July 2014

Dr. Gurumurthy Kalyanaram - Dean, Expert Witness and Former Professor NYIT and UT Dallas

Dr Gurumurthy Kalyanaram – Reports on The US Supreme Court Decisions on Affordable Healthcare Act 2010 and Mandatory Labor Union Membership for Government Employees. Gurumurthy Kalyanaram NYIT

Former Dean and former NYIT and UT Dallas professor Gurumurthy Kalyanaram reports on the recent important US Supreme Court decisions on Affordable Healthcare Act and mandatory Labor Union membership for government employees. Gurumurthy Kalyanaram UT Dallas

Gurumurthy Kalyanaram NYIT

Lawsuits filed by Hobby Lobby Stores and Conestoga Wood Specialties led to review of certain provision of the Affordable Healthcare Act, 2010 by the US Supreme Court. Gurumurthy Kalyanaram Lawsuit




Specifically, the issue raised in the lawsuits and reviewed by the Court was the requirement of specified employers’ group health plans to furnish “preventive care and screenings” for women without “any cost sharing requirements,”42 U. S. C. §300gg–13(a)(4). Congress did not specify what types of preventive care must be covered; it authorized the Health Resources and Services Administration, a component of HHS, to decide.

Even more specifically, the two lawsuits argued that family-owned companies should not be forced to pay for insurance coverage of its employees for contraception if it ran against their religious faith, as it did in these cases.

The Supreme Court ruled in favor of the petitioners holding that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom. However, the ruling was strongly dissented by four of the nine justices who argued that the contraception coverage requirement was vital to women’s health and reproductive freedom.
The case is Burwell v. Hobby Lobby Stores, Inc.

In its last week of its session, the US Supreme Court also made a major ruling with regard to mandatory union membership. A lawsuit brought by eight Illinois home health care workers asked the Court to overrule a 1977 decision that declared that government employees can be required to pay fees to unions for representing them and administering their contracts even if they disagree with the union’s positions.

While declining to overrule its 1977 holding inAbood v. Detroit Board of Education, the Court ruled more narrowly that partial government employees, as were the eight Illinois health care workers, did not have to pay any fees to labor unions representing them. The majority argued that requiring part-time government employees to pay Union membership fees would be a violation of their First Amendment rights.

The case is Harris v. Quinn.

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