"The Supreme Court announced today that it will hear arguments in a case challenging Obamacare's birth control coverage requirement on religious freedom grounds."

"Obamacare's employer mandates are at issue in the case, which involves whether corporations and religious institutions themselves enjoy the same First Amendment [sic] rights as individuals," says a Breaking News email from CNN.

Among the plaintiffs is Hobby Lobby, a nationwide chain of about 500 for-profit arts and crafts stores. David Green and his family are the owners, and say their Christian beliefs clash with parts of the law's mandates for comprehensive coverage. They say some of the drugs that would be provided prevent human embryos from being implanted in a woman's womb, which the Greens equate to abortion.

ADDED: Full CNN story here.

AND: Note that the claim is based not on the Constitution, but on the Religious Freedom Restoration Act, a federal statute. Congress can change the statute. That counts heavily in my book.

"Supreme Court to Decide Whether Corporations Can Pray."

Snarky headline at the Bill Moyers website on an article about the pending Supreme Court case dealing with whether religious persons who have set up their business using the corporate form can be compelled by the government to provide their employees with health insurance that covers drugs that they believe murder human beings.

The case isn't about praying. It's about money and what it means to be compelled to contribute your money to something that you sincerely believe God requires you to fight to the end. I think it's close to the same problem that individuals face when they pay their taxes and believe that something the government is using the money for is deeply wrong. For example: war.

But the Bill Moyers operation thinks mocking religious people is a good move. I say it's prime jackassery... except to the extent that it's old-school, left-wing hatred of corporations. Let's see how they feel if Hobby Lobby loses its case — as I think it will — and its owners dissolve the entire operation to maintain religious purity — would they? — and throw 13,000 employees out of work. I suspect the the Bill Moyers folk would double down on their contempt for religion.

The article is written by Joshua Holland, not Moyers himself, but it is tweeted under Moyers' name. Moyers, the man, is 79, so I wonder if it's really him tweeting or whether it's some soulless incorporated entity doing business under the name Moyers & Company. Isn't it nice to say "company" instead of "corporation"? It's like back in the 1950s when your mother said "company's coming over" when family or friends were joining you for dinner.

So here's Joshua Holland, who's identified not as a legal expert, but as "a senior digital producer for BillMoyers.com," and he's mostly just doing extracts from the amicus brief of the Constitutional Accountability Center.

The brief notes that the religious owners of the corporations have no obligation to do anything that contradicts their personal beliefs. The law applies to the corporations, which the law views as separate “persons” — corporations are themselves entities, and they can’t actually kneel down and pray.

But religious persons do business using the corporate form. Do you want to say that they must thereafter choose between doing business in that form or following their religion? If you were doing something you sincerely believed God would send you to hell for doing, do you think that by setting up a corporation to conduct that activity, God would not count it against you? The fact that "corporations are themselves entities" doesn't solve the problem! Let's say that you wanted to kill someone, and instead of doing it yourself, you paid another person to do the killing. The fact that the other person is himself an entity for legal purposes does nothing to cut off the guilt. That is easy to see.

Holland writes, quoting the amicus brief:

Here’s a key point: nobody has to form a corporation in order to do business. They do so because it brings real benefits under the law.

True, but so what? What is the general principle here? To take advantage of a legal form is to abandon your rights? On that theory, the government can censor the New York Times (and BillMoyers.com).

I don't mean to say that I think Hobby Lobby should win this case. I just feel compelled to point out what the Moyers company is smugly ignoring: Corporations are important and necessary tools for human activities conducted on a large scale; people care about their morality and their religion even as they conduct the activities by which they earn their living; and there are deep religious convictions at stake as the government binds us together in the immense undertaking of providing for everyone's medical treatments.

I can see I'm just saying, come on, Bill, at least show some respect for the values you mean to crush. I do see the absurdity.

Aggressive prosecution #1: California businessman commercially growing medical marijuana.

Adam Nagourney, in the NYT, gives very sympathetic treatment to Matthew R. Davies — "a round-faced 34-year-old father of two young girls" with "graduate-level business skills" who "paid California sales tax and filed for state and local business permits" and got the advice of many lawyers as he set up an enterprise that plainly and overtly is a felony under federal law. Davies told the NYT:

“We thought, this is an industry in its infancy, it’s a heavy cash business, it’s basically being used by people who use it to cloak illegal activity. Nobody was doing it the right way. We thought we could make a model of how this should be done.”

Cloak illegal activity? It is illegal activity. Federal law is real. Haven't you heard?!

The right way? Cloaking is the right way when you're committing crimes. With your business education, somehow you were all: Hey, what a smart idea I have — being completely out in the open about breaking the law. Why hasn't anybody else thought of this?

And I love the way the NYT suddenly has a pro-business orientation. Davies deserves special grace under the law because he's using the structure of business and because he's excited about making big profits! Compare that to all the articles anguishing over Citizens United and how terrible it is to respect free speech rights when the speech comes from a place that is structured as a business.

“Mr. Davies was not a seriously ill user of marijuana nor was he a medical caregiver — he was the major player in a very significant commercial operation that sought to make large profits from the cultivation and sale of marijuana,” [said a letter from United States attorney for the Eastern District of California, Benjamin B. Wagner, a 2009 Obama appointee.] Mr. Wagner said that prosecuting such people “remains a core priority of the department.”...

“It’s mind-boggling that there were hundreds of attorneys advising their clients that it was O.K. to do this, only to be bushwhacked by a federal system that most people in California are not even paying attention to,” said William J. Portanova, a former federal drug prosecutor and a lawyer for one of Mr. Davies’s co-defendants. “It’s tragic.”

Yes, and it is mind-boggling that those who argue for the broad interpretation of federal power and who scoff at the idea of the 10th Amendment and reserving powers to the state somehow can't grasp the meaning of their general propositions when they encounter an issue where they prefer the state policy to the federal policy. The NYT and other drivers of elite opinion ought to have to face up to the reality of what their legal propositions entail.

And quite aside from the problem of the allocation of power at the federal and the state levels, how about some consistency about equal justice under the law? Let the law — as written — apply the same way to everyone, whether they have a round face and 2 young daughters or not, whether they've gone to grad school or not, whether they have big visions of massive profits or they are living hand to mouth. If the law is wrong, change the law — for everybody. Don't cry over the people you think are nice — like David Gregory and Aaron Swartz. Nonphotogenic and low-class people deserve equal treatment, and cutting breaks for the ones who pull your heart strings is not justice.