WEBVTT

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AND 

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MAJOR RULINGS FROM THE U.S. 

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SUPREME COURT AS IT RAMPS UP 

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IN 

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SESSION.

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>>  PROTESTERS 

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AT ABORTION 

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CLINICS CANNOT BE KEPT OFF 

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PUBLIC PROPERTY 

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AND PRESIDENT 

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OBAMA OVERSTEPPED HIS EXECUTIVE 

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POWERS 

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AND MAKING SOME RECESS 

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APPOINTMENTS.

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THOSE WERE HEADED DOWN BY THE 

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U.S. 

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SUPREME COURT AS THE HIGH 

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COURT 

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NEWS THE END OF ITS TERM.

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THAT LEAVES TWO 

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CLOSELY WATCHED 

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CASE IS YET TO COME 

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ON MONDAY.

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JOINING US TO SHARE THEIR 

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THOUGHTS 

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ARE HAROLD KRENT, DEAN 

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AND PROFESSOR OF LAW 

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KENT 

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COLLEGE OF LAW, JOCELYN FLOYD, 

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SPECIAL COUNSEL AT THE 

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CHICAGO-BASED NATIONAL PUBLIC 

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INTEREST LAW FIRM 

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THE 

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THOMAS 

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MORE SOCIETY AND STEVE SCHWINN 

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, 

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THE COFOUNDER AND CO-EDITOR OF 

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THE CONSTITUTIONAL 

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LAW.

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WELCOME TO CHICAGO TONIGHT.

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WE HAVE QUITE A CASELOAD IN 

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FRONT OF US.

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AND JOCELYN FLOYD, GOING TO 

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BEGIN 

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WITH YOU BECAUSE THE 

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THOMAS MORE SOCIETY 

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FILED AN 

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AMICUS BRIEF THE DECISION 

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INVOLVING PROTESTERS 

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AT AN 

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ABORTION 

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WITH IT.

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GIVE US A BRIEF SUMMARY?

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>>  

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IT INVOLVES A MASSACHUSETTS 

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LAW THAT PROHIBITED ANYONE FROM 

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STANDING OR STAYING 

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IN PUBLIC 

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PROPERTY 

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SIDEWALKS, RIGHTS OF 

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WAY WITHIN 35 

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FEET OF THE 

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OCCURRENCE OF ANY ABORTION 

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CLINIC.

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THEY DECIDED THIS WAS OVERBROAD 

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AND UNNECESSARY TO 

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REACH THE 

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AIM THE MASSACHUSETTS WAS 

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TRYING TO DO 

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WITH THE LAW IN 

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THE FIRST PLACE.

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>>  YOUR BRIEF 

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REFLECTED WITH 

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THE COURT DECIDED?

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>>  

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YES.

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>>  IS THIS A VICTORY 

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OF FREE 

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SPEECH FOR ANTIABORTION 

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PROTESTERS ARE BOTH?

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>>  

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BOTH.

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THE CASE STILL STRONGLY 

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WITH 

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THE CONCEPT OF TRADITIONAL 

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PUBLIC FORUM THAT WE HAVE HELD 

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THAT STREETS AND SIDEWALKS OF 

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THE PLACE FOR PEOPLE TO SPEAK.

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THIS IS THE PUBLIC SQUARE WHERE 

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PEOPLE CAN EXPRESS 

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OPINIONS.

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WHAT MASSACHUSETTS HAD DONE 

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IS 

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CLOSED AN ENTIRE SECTION 

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OF 

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THIS TRADITIONAL FORM FOR 

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SPEECH TO 

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ESSENTIALLY TO ANY 

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SPEECH 

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IT WAS TOO SPECIFIC 

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SPEECHES 

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ON SPECIFIC ISSUES.

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>>  THE SUPREME COURT WANTED TO 

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GO FURTHER 

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AND SAY THIS LAW 

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TARGETED PROTESTERS 

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VIEWPOINTS.

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YOU AGREE?

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>>  I THINK I AGREE WITH THE 

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DECISION.

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IT'S A MUTUAL LAW 

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AND IS SPACE.

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WHICH IS WHY THE COURT 

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COMMENDED 

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AND 901.

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IN THE LAST WEEK 

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OF THE COURTS 

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TERM THREE IMPORTANT DECISIONS 

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ALL CAME OUT IN 

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90 EVEN THOUGH 

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HE POINTED OUT 

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THERE WERE 

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DIFFERENCES IN OPINIONS 

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RAISED 

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.

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>>  

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STEVE SCHWINN, GIVE US YOUR 

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THOUGHTS ON THIS.

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SOME SAY THIS WILL HAVE FATHER 

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RANGING IMPLICATIONS THAN 

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ABORTION CLINICS 

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HOWEVER THEY 

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WANT TO CLASSIFY THEMSELVES 

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THIS COULD OPEN 

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THE GATES, IF 

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YOU WILL, TO PROTESTERS 

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AS SUCH 

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THINGS AS THE NATO SUMMIT WE 

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HAD IN CHICAGO AND AT OTHER 

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PUBLIC FORUMS.

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>>  I THINK IT IS A STATEMENT 

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FOR 

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FREE SPEECH.

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FIRST OFF, THERE IS AN OPINION 

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OUT OF COLORADO 

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THAT PRESERVED 

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THESE BUBBLES 

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AROUND PEOPLE 

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TRYING TO COME INTO AND OUT OF 

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A CLINIC.

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THE COURT DID NOT OVERTURN 

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THAT 

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DECISION.

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THE SECOND THING, THE COURT 

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THIS IS AN OPINION WRITTEN BY 

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CHIEF JUSTICE ROBERTS THE 

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COURT GAVE A ROADMAP FOR STATE 

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THAT WANT TO PRESERVE THE 

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RIGHTS OF PEOPLE GOING IN AND 

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OUT OF THE CLINIC TO GET AN 

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ABORTION 

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.

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>>  GIVE US DETAILS?

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>>  WHAT SHE'S 

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JUSTICE ROBERT 

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SAID 

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IF THE STATE WANTS TO MAKE 

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IT 

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ILLEGAL TO OBSTRUCT SOMEBODY 

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FROM GOING INTO A CLINIC, 

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THEY 

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CAN DO THAT IN CERTAIN WAYS.

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THEY CAN STILL 

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DO THESE BUBBLE 

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ZONES.

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>>  

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JOCELYN FLOYD, WHAT DO YOU 

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THINK ABOUT THAT, IS THAT AN 

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IMPEDIMENT OR A LOOPHOLE 

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IN 

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THIS RULING?

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>>  I THINK THERE IS A 

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DIFFERENCE BETWEEN OBSTRUCTING 

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THE ENTRANCE AND NOT BEING 

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ALLOWED TO APPROACH SOMEONE 

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THAT IS WHAT THE COURT SAID IN 

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ITS OPINION 

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OF THE EFFECT OF A 

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BUBBLE ZONE.

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THE BUBBLE ZONE 

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YOU CAN'T GET 

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CLOSER TO 18 FEET, 

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AS THEY 

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APPROACHED THE ENTRANCE.

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I THINK THE IMPACT OF THE FREE 

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SPEECH ON FREE SPEECH 

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THE 

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SIDEWALK COUNSELORS ARE TRYING 

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TO HAVE ONE-ON-ONE 

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ILOG AND 

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THAT IS SOMETHING MOST 

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EFFECTIVE 

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AT A CLOSE RANGE.

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ARE TRYING TO DISCUSS THINGS 

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WITH PEOPLE, NOT STOP THEM OR 

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BLOCK THEM, BUT PERHAPS OPEN 

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THEIR EYES 

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TO ALTERNATIVE 

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OPTIONS THEY MIGHT NOT BE AWARE 

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OF.

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WHEN THEY'RE FORCED TO DO IT 

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FROM A DISTANCE 

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THEY ARE FORCED 

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TO YELL AND IT BRINGS THE 

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ELEMENT OF INTIMIDATION AND 

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HARASSMENT 

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IF THE STATE WANTS 

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TO AVOID.

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THEY SIMPLY 

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ELIMINATE 

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INTIMIDATION AND HARASSMENT 

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THAT ALLOW FREE SPEECH THAT IS 

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TOTALLY ACCEPTABLE POLICY 

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.

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>>  HOW DOES ONE 

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GO ABOUT 

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LEGISLATING THAT?

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>>  THE BUBBLE ZONE 

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ID IS FINE 

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BUT YOU CAN ALSO SAY ANYBODY 

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WHO HARASSES OR LIMIT 

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TO 

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ALLOW 

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FREE FLOW OF TRAFFIC 

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INTO 

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THE CLINIC.

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THERE ARE MODELS 

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WHICH THE 

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COURT SEEMED TO EMBRACE.

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>>  

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LET'S GET TO THIS DECISION 

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WHICH WAS UNANIMOUS 

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INVOLVING 

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THE OBAMA APPOINTMENTS DURING 

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RECESSES OF THE SENATE.

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AGAIN, THEY SAID HE DID NOT 

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ALLOW ENOUGH TIME 

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FOR CONGRESS 

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TO GO INTO RECESS 

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HE FOR MAKING 

05:51.585 --> 05:52.119
THESE APPOINTMENTS.

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>>  

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WHAT HAPPENS WHEN THE 

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PRESIDENT WANTS TO APPOINT 

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SOMEONE TO A VACANCY IN OFFICE 

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IN THE SENATE IS NOT IN 

05:59.593 --> 06:01.161
SESSION?

06:01.161 --> 06:01.695
THE FOUNDERS OF THE 

06:01.695 --> 06:02.729
CONSTITUTION SAID THERE IS A 

06:02.729 --> 06:05.832
LIMITED POWER 

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TO MAKE A RECESS 

06:06.333 --> 06:08.402
APPOINTMENT.

06:08.402 --> 06:09.236
BUT WHAT DOES RECESS MEAN?

06:09.236 --> 06:11.905
DOES IT MEAN 

06:11.905 --> 06:12.406
IN THE MIDDLE OF 

06:12.406 --> 06:14.308
THE SESSION?

06:14.308 --> 06:14.942
IN ONE PART OF THE RULING 

06:14.942 --> 06:16.076
RECENTLY THE COURT HELD A 

06:16.076 --> 06:17.277
RECESS 

06:17.277 --> 06:17.845
COULD BE ANYTHING AS 

06:17.845 --> 06:22.683
LONG 

06:22.683 --> 06:23.317
AS IT IS BETWEEN SESSIONS 

06:23.317 --> 06:23.984
ARE IN BETWEEN SESSIONS THE 

06:23.984 --> 06:24.718
PRESIDENT HAS THE POWER TO MAKE 

06:24.718 --> 06:27.120
AN APPOINTMENT 

06:27.120 --> 06:27.487
IN THOSE 

06:27.487 --> 06:27.855
RECESSES.

06:27.855 --> 06:29.089
THE SECOND THING THE COURT SAID 

06:29.089 --> 06:31.725
THE VACANCY CAN BE BEFORE OR 

06:31.725 --> 06:35.529
DURING THE RECESS THE PRESIDENT 

06:35.529 --> 06:36.263
HAVE TO HAVE THESE APPOINTMENTS 

06:36.263 --> 06:36.563
MADE.

06:36.563 --> 06:37.831
UP TO HERE, 

06:37.831 --> 06:38.332
SOUNDS LIKE A BIG 

06:38.332 --> 06:39.833
VICTORY FOR THE EXECUTIVE 

06:39.833 --> 06:40.167
BRANCH.

06:40.167 --> 06:42.135
BUT 

06:42.135 --> 06:42.769
IT IS UP TO THE SENATE A 

06:42.769 --> 06:45.839
LARGELY TO DECIDE 

06:45.839 --> 06:46.206
WHAT IS A 

06:46.206 --> 06:46.540
RECESS.

06:46.540 --> 06:49.076
THERE, THE QUESTION 

06:49.076 --> 06:49.409
IF THE 

06:49.409 --> 06:50.944
SENATE WANTS TO HAVE 

06:50.944 --> 06:51.311
A KIND OF 

06:51.311 --> 06:52.679
FAKE, 

06:52.679 --> 06:53.180
FALSE PROFORMA 

06:53.180 --> 06:55.015
RECESS 

06:55.015 --> 06:55.282
OR 

06:55.282 --> 06:57.584
SOMEBODY HITS A GAVEL 

06:57.584 --> 06:57.918
AND NO 

06:57.918 --> 06:58.585
ONE IS THERE, THAT IS OKAY, 

06:58.585 --> 07:00.787
BECAUSE 

07:00.787 --> 07:01.355
THEY ARE AVAILABLE TO 

07:01.355 --> 07:02.689
DO BUSINESS 

07:02.689 --> 07:03.223
THEY ARE THEREFORE 

07:03.223 --> 07:04.224
INVALIDATED 

07:04.224 --> 07:04.992
THE PRESIDENT'S 

07:04.992 --> 07:07.094
RECENT 

07:07.094 --> 07:07.561
STATE OF RECESS 

07:07.561 --> 07:08.328
APPOINTMENTS.

07:08.328 --> 07:14.635
IT'S A SPLIT THE BABY 

07:14.635 --> 07:15.002
APPROACH 

07:15.002 --> 07:15.669
REFLECTS THE REALITY OF THE 

07:15.669 --> 07:16.370
COURT WANTS TO DO IS UNRAVEL 

07:16.370 --> 07:17.638
THE ISSUE OF HAVING THE SENATE 

07:17.638 --> 07:22.776
AND PRESIDENT WORK TOGETHER 

07:22.776 --> 07:23.010
.

07:23.010 --> 07:23.710
>>  STEVE SCHWINN IS A MAJOR 

07:23.710 --> 07:24.378
CURTAILING OF PRESIDENTIAL 

07:24.378 --> 07:24.678
POWER?

07:24.678 --> 07:26.446
>>  

07:26.446 --> 07:26.947
I DON'T THINK SO.

07:26.947 --> 07:28.382
THE ONLY THING I WOULD ADD 

07:28.382 --> 07:28.649
IS 

07:28.649 --> 07:29.216
THE SENATE CHANGE THE 

07:29.216 --> 07:30.651
FILIBUSTER FOR THE END OF LAST 

07:30.651 --> 07:37.558
YEAR 

07:37.558 --> 07:37.791
.

07:37.791 --> 07:38.525
>>  THIS WAS DEMOCRATS THAT LED 

07:38.525 --> 07:38.926
THE CHANGE?

07:38.926 --> 07:39.560
>>  THAT'S EXACTLY RIGHT.

07:39.560 --> 07:40.727
THE CHANGE TODAY WE SEE IS 

07:40.727 --> 07:41.395
GOING TO HAVE AN EFFECT IF 

07:41.395 --> 07:42.629
REPUBLICANS CONTROL THE SENATE 

07:42.629 --> 07:44.898
AND IF THEY DECIDE 

07:44.898 --> 07:45.299
TO HAVE PRO 

07:45.299 --> 07:46.733
FORMA SESSIONS 

07:46.733 --> 07:47.167
IN A WAY THAT 

07:47.167 --> 07:50.103
FRUSTRATES PRESIDENT OBAMA IS 

07:50.103 --> 07:51.104
ABILITY TO MAKE APPOINTMENTS IN 

07:51.104 --> 07:54.942
A RECESS 

07:54.942 --> 07:55.509
BUT THE FILIBUSTER IS 

07:55.509 --> 07:56.610
A MECHANISM THE MINORITY HAS 

07:56.610 --> 07:57.978
BEEN USING TO FRUSTRATE 

07:57.978 --> 07:58.245
THE 

07:58.245 --> 07:59.680
PRESIDENT'S ABILITY 

07:59.680 --> 08:00.013
TO MAKE 

08:00.013 --> 08:02.616
APPOINTMENTS 

08:02.616 --> 08:03.083
ANYWAY AND THAT 

08:03.083 --> 08:08.589
HAS FORCED HIS HAND TO USE 

08:08.589 --> 08:08.856
THE 

08:08.856 --> 08:09.590
RECESS APPOINTMENT IN THE FIRST 

08:09.590 --> 08:09.890
PLACE.

08:09.890 --> 08:10.490
WITH THE CHANGE IN THE 

08:10.490 --> 08:11.225
FILIBUSTER RULE IT 10 PERCENT A 

08:11.225 --> 08:11.725
LITTLE BIT .

08:11.725 --> 08:15.295
>>  HAROLD KRENT, 

08:15.295 --> 08:15.729
IS THIS PART 

08:15.729 --> 08:16.463
OF THE OBSTRUCTIONISM THAT HAS 

08:16.463 --> 08:17.097
BEEN LEVELED AGAINST THE 

08:17.097 --> 08:18.232
REPUBLICANS AND IS THE SUPREME 

08:18.232 --> 08:20.968
COURT SIDED WITH THEM 

08:20.968 --> 08:21.268
EVEN 

08:21.268 --> 08:23.270
THOUGH THIS IS UNANIMOUS, 

08:23.270 --> 08:23.804
ESPECIALLY THE MORE 

08:23.804 --> 08:25.105
CONSERVATIVE 

08:25.105 --> 08:25.539
JUDGES, THAT 

08:25.539 --> 08:26.940
IMPEDE HIM 

08:26.940 --> 08:27.474
GETTING THINGS DONE?

08:27.474 --> 08:28.909
>>  I DON'T THINK SO 

08:28.909 --> 08:29.309
HE CAN SET 

08:29.309 --> 08:32.513
THINK BOTH SIDES 

08:32.513 --> 08:32.846
RECESS 

08:32.846 --> 08:36.250
APPOINTMENTS.

08:36.250 --> 08:42.155
WHAT IS INTERESTING , 

08:42.155 --> 08:42.489
AND THE 

08:42.489 --> 08:43.190
JUSTICE SCALIA DOES CONCUR IS 

08:43.190 --> 08:44.892
IN THIS CASE, HE HAS BEEN NO 

08:44.892 --> 08:45.158
TO 

08:45.158 --> 08:49.796
BE IN THE EXECUTIVE 

08:49.796 --> 08:50.197
POWER CAMP 

08:50.197 --> 08:50.931
SO THIS IS A DISTANCING AWAY SO 

08:50.931 --> 08:51.665
THERE IS A NOTION OF A SHIFT A 

08:51.665 --> 08:55.235
LITTLE BIT 

08:55.235 --> 08:55.769
IN THE TERMS OF THE 

08:55.769 --> 08:56.270
FLOOR CONCURRENCE.

08:56.270 --> 08:56.970
>>  I'M GOING ASK YOU TO GIVE 

08:56.970 --> 08:57.771
ME 

08:57.771 --> 09:01.074
A BRIEF SUMMARY OF RILEY 

09:01.074 --> 09:01.808
VERSUS THE STATE OF CALIFORNIA 

09:01.808 --> 09:02.509
THAT SAID THE GOVERNMENT IS A 

09:02.509 --> 09:05.913
WANT 

09:05.913 --> 09:06.513
FOR SEARCHING YOUR CELL 

09:06.513 --> 09:06.813
PHONE.

09:06.813 --> 09:08.415
>>  POLICE ARREST SOMEBODY 

09:08.415 --> 09:08.715
THEY 

09:08.715 --> 09:09.383
CAN DO A SEARCH INCIDENT TO 

09:09.383 --> 09:12.019
ARREST WITHOUT GETTING 

09:12.019 --> 09:12.252
A 

09:12.252 --> 09:12.586
WARRANT.

09:12.586 --> 09:13.253
WHAT THE SUPREME COURT WILL 

09:13.253 --> 09:15.756
DONE IS CAN THEY 

09:15.756 --> 09:16.190
DO SOMETHING 

09:16.190 --> 09:17.491
LIKE CELL PHONE, ONE IS A SMART 

09:17.491 --> 09:18.825
PHONE CONTAINS 

09:18.825 --> 09:19.793
VAST AMOUNTS 

09:19.793 --> 09:20.060
OF 

09:20.060 --> 09:24.831
INFORMATION 

09:24.831 --> 09:25.299
THE OTHER IS AN 

09:25.299 --> 09:25.866
OLD-STYLE FLIP PHONE.

09:25.866 --> 09:29.336
WITH THE COURT DIDN'T DO 

09:29.336 --> 09:29.603
IS 

09:29.603 --> 09:30.270
DISTINGUISH BETWEEN THE TWO.

09:30.270 --> 09:32.105
IT SAYS THESE FONTS CONTAIN 

09:32.105 --> 09:32.372
SO 

09:32.372 --> 09:33.073
MUCH PRIVATE INFORMATION THAT 

09:33.073 --> 09:36.877
FOR THE POLICE TO GO INTO THEM 

09:36.877 --> 09:37.578
IN A REGULAR ARREST IS A HUGE 

09:37.578 --> 09:39.980
INVASION OF PRIVACY 

09:39.980 --> 09:40.347
AND THERE 

09:40.347 --> 09:41.048
IS NO GOOD REASON TO DO THAT 

09:41.048 --> 09:42.883
BECAUSE THE GOVERNMENT 

09:42.883 --> 09:43.183
COULD 

09:43.183 --> 09:43.617
GET A WARRANT.

09:43.617 --> 09:44.451
>>  THAT IS MY QUESTION, IS IT 

09:44.451 --> 09:48.322
THAT BIG OF A DEAL 

09:48.322 --> 09:48.655
BECAUSE 

09:48.655 --> 09:49.389
GETTING A WARRANT FOR THE PLACE 

09:49.389 --> 09:49.890
IS NOT A BIG DEAL?

09:49.890 --> 09:51.258
>>  I THINK WHAT POLICE WILL DO 

09:51.258 --> 09:52.459
IS DROP IT 

09:52.459 --> 09:53.861
IN A FAIR DAY BAG 

09:53.861 --> 09:57.564
, 

09:57.564 --> 09:58.799
GO GET A WARRANT AND EVERYTHING 

09:58.799 --> 09:59.233
WILL BE FINE.

09:59.233 --> 10:01.401
>>  

10:01.401 --> 10:02.069
DOES THIS APPLY TO THE NSA?

10:02.069 --> 10:03.804
>>  

10:03.804 --> 10:04.471
I THINK IT IS TRUE IT WILL 

10:04.471 --> 10:07.040
NOT IMPEDE 

10:07.040 --> 10:07.374
POLICE 

10:07.374 --> 10:07.808
INVESTIGATION.

10:07.808 --> 10:08.475
IT TAKES DOCTRINE THAT WERE 

10:08.475 --> 10:11.044
USED 

10:11.044 --> 10:11.645
IN TERMS OF INCIDENT OF 

10:11.645 --> 10:12.412
ARREST AND IT SAYS IT DOESN'T 

10:12.412 --> 10:17.551
APPLY 

10:17.551 --> 10:18.151
INTO THE DIGITAL WORLD.

10:18.151 --> 10:18.886
WE ARE NO LONGER GOING TO APPLY 

10:18.886 --> 10:19.553
OUR DOCTRINE EVEN KNOW THE 

10:19.553 --> 10:20.320
PERSON IN THE BOOK AND 

10:20.320 --> 10:23.090
BRIEFCASE SHOULD BE TREATED 

10:23.090 --> 10:24.691
JUST LIKE A SMART PHONE.

10:24.691 --> 10:25.425
WHAT THE COURT IS NOW 

10:25.425 --> 10:26.860
RECOGNIZING 

10:26.860 --> 10:27.294
THAT MAYBE WE 

10:27.294 --> 10:29.329
SHOULD APPROACH DIGITAL DATA 

10:29.329 --> 10:30.230
WEATHER FROM AN ESSAY 

10:30.230 --> 10:31.832
OR POLICE 

10:31.832 --> 10:34.301
OR HELD BY AN SEARCH 

10:34.301 --> 10:34.668
PROVIDER 

10:34.668 --> 10:36.403
OR IN A CLOUD 

10:36.403 --> 10:36.770
A LITTLE 

10:36.770 --> 10:37.905
DIFFERENTLY AND PERHAPS GIVE MY 

10:37.905 --> 10:39.907
SCRIPT AND HE CHOOSE SEARCHES 

10:39.907 --> 10:40.140
.

10:40.140 --> 10:42.643
>>  DOES IT APPLY 

10:42.643 --> 10:43.043
TO THE NSA?

10:43.043 --> 10:44.611
>>  

10:44.611 --> 10:46.079
IT COULD.

10:46.079 --> 10:49.416
THIS WAS ONLY 

10:49.416 --> 10:49.883
ABOUT POLICE IN 

10:49.883 --> 10:50.617
AREAS WHERE THERE IS NO WARRANT 

10:50.617 --> 10:51.218
REQUIRED.

10:51.218 --> 10:52.019
NSA 

10:52.019 --> 10:53.754
USUALLY DOESN'T 

10:53.754 --> 10:54.121
EVEN WANT 

10:54.121 --> 10:55.322
TO GET INFORMATION 

10:55.322 --> 10:55.689
ON THIRD 

10:55.689 --> 10:56.023
PARTIES.

10:56.023 --> 10:57.925
>>  

10:57.925 --> 10:58.158
.

10:58.158 --> 11:02.696
>>  

11:02.696 --> 11:03.363
LET'S LOOK AHEAD TO MONDAY 

11:03.363 --> 11:03.997
THE LAST DAY OF THE TERM.

11:03.997 --> 11:04.731
WE'RE CERTAIN THAT IS WHEN THEY 

11:04.731 --> 11:05.966
ARE GOING 

11:05.966 --> 11:06.500
TO GO ON THE HOBBY 

11:06.500 --> 11:08.035
LOBBY 

11:08.035 --> 11:14.341
CASES.

11:14.341 --> 11:14.975
>>  THESE ARE CASES WITH 

11:14.975 --> 11:15.676
REFERENCE TO THE HHS MANDATE 

11:15.676 --> 11:17.077
REQUIRING EMPLOYERS TO PROVIDE 

11:17.077 --> 11:18.979
CERTAIN CONTRACEPTIVE 

11:18.979 --> 11:19.346
COVERAGE 

11:19.346 --> 11:22.716
IN THEIR INSURANCE PLANS 

11:22.716 --> 11:22.983
FOR 

11:22.983 --> 11:23.450
THEIR EMPLOYEES.

11:23.450 --> 11:24.284
WITH TWO SPECIFIC COMPANIES 

11:24.284 --> 11:26.453
THAT CLOSELY HELD, 

11:26.453 --> 11:26.887
FAMILY OWNED 

11:26.887 --> 11:30.891
AND THAT HAVE RELIGIOUS 

11:30.891 --> 11:31.558
OBJECTIONS TO SOME OF THESE 

11:31.558 --> 11:32.025
CONTRACEPTIVES.

11:32.025 --> 11:32.960
>>  THE THOMAS MORE SOCIETY 

11:32.960 --> 11:35.429
FILED AN AMICUS BRIEF 

11:35.429 --> 11:35.696
IN 

11:35.696 --> 11:36.196
SUPPORT, CORRECT?

11:36.196 --> 11:36.663
>>  YES.

11:36.663 --> 11:38.131
>>  

11:38.131 --> 11:42.769
WHAT DO YOU ANTICIPATE 

11:42.769 --> 11:43.036
THE 

11:43.036 --> 11:43.637
DECISION IS GOING TO BE?

11:43.637 --> 11:44.338
>>  I DO NOT LIKE TO PREDICT 

11:44.338 --> 11:45.439
FUTURE, BUT WE HOPE THEY WILL 

11:45.439 --> 11:50.944
COME OUT 

11:50.944 --> 11:51.512
IN FAVOR OF RELIGIOUS 

11:51.512 --> 11:51.845
FREEDOM.

11:51.845 --> 11:52.446
THESE ARE CLOSELY HELD 

11:52.446 --> 11:53.113
CORPORATIONS, FAMILY OWNED 

11:53.113 --> 11:54.548
BUSINESSES, 

11:54.548 --> 11:55.082
AND THESE FAMILIES 

11:55.082 --> 11:57.417
HAVE 

11:57.417 --> 11:58.018
DEEPLY HELD CONVICTIONS 

11:58.018 --> 11:59.353
AND WANT TO PROVIDE INSURANCE , 

11:59.353 --> 12:03.056
GENEROUS BENEFITS 

12:03.056 --> 12:03.490
BUT THEY ARE 

12:03.490 --> 12:04.124
BETWEEN A ROCK AND A HARD 

12:04.124 --> 12:05.526
PLACE.

12:05.526 --> 12:06.159
SO THEY HAVE TO DROP ALL 

12:06.159 --> 12:08.262
INSURANCE COVERAGE COMPLETELY 

12:08.262 --> 12:12.299
PAY A FINE 

12:12.299 --> 12:12.533
.

12:12.533 --> 12:13.166
>>  STEVE SCHWINN, YOU'RE 

12:13.166 --> 12:13.667
SHAKING YOUR HEAD.

12:13.667 --> 12:14.935
>>  IT'S NOT AN EMPLOYER 

12:14.935 --> 12:17.437
MANDATE IT'S AN EMPLOYEE 

12:17.437 --> 12:17.771
ON THE 

12:17.771 --> 12:20.007
INSURANCE CARRIER.

12:20.007 --> 12:20.741
FOR AN ORGANIZATION LIKE HOBBY 

12:20.741 --> 12:23.010
LOBBY 

12:23.010 --> 12:23.544
THE ANSWER IS QUITE 

12:23.544 --> 12:24.444
SIMPLE IF THEY DON'T WANT TO 

12:24.444 --> 12:28.282
PROVIDE THIS 

12:28.282 --> 12:28.782
THEY CAN DROP THE 

12:28.782 --> 12:29.483
INSURANCE FROM THEIR EMPLOYEE 

12:29.483 --> 12:30.117
PLAN AND SIMPLY RAISE THE 

12:30.117 --> 12:34.755
SALARY , 

12:34.755 --> 12:35.289
ALL INDICATIONS ARE 

12:35.289 --> 12:36.023
THAT SOLUTION MIGHT BE CHEAPER 

12:36.023 --> 12:38.058
THAN PROVIDING 

12:38.058 --> 12:38.492
THE INSURANCE.

12:38.492 --> 12:39.126
>>  HOW DO YOU THINK THE 

12:39.126 --> 12:40.093
JUSTICES 

12:40.093 --> 12:40.460
WILL RULE?

12:40.460 --> 12:41.862
>>  I THINK 

12:41.862 --> 12:42.329
IT WILL BE VERY 

12:42.329 --> 12:43.530
CLOSE 

12:43.530 --> 12:43.764
.

12:43.764 --> 12:48.535
>>  HAROLD KRENT, 

12:48.535 --> 12:48.936
DO YOU WANT 

12:48.936 --> 12:49.336
TO CHIME IN?

12:49.336 --> 12:50.003
>>  I DON'T UNDERSTAND THE 

12:50.003 --> 12:50.671
NOTION, THAT HAVE SOULS, 

12:50.671 --> 12:52.539
SPIRITS 

12:52.539 --> 12:52.973
AND RELIGION.

12:52.973 --> 12:54.308
>>  IF THEY 

12:54.308 --> 12:57.611
IF A CORPORATION 

12:57.611 --> 12:58.312
AND HAVE A MINORITY RACE WHY 

12:58.312 --> 12:59.146
CAN'T IT HAVE A RELIGION?

12:59.146 --> 13:01.148
>>  

13:01.148 --> 13:01.682
WHO CONSTITUTES THE 

13:01.682 --> 13:07.855
COMPANY?

13:07.855 --> 13:08.522
>>  WHEN YOU HAVE WE'RE NOT 

13:08.522 --> 13:10.490
TALKING ABOUT FACEBOOK CORP.

13:10.490 --> 13:12.459
ON THE STOCK EXCHANGE.

13:12.459 --> 13:13.126
WHEN YOU ENTER THE BUSINESS 

13:13.126 --> 13:14.695
PLACE 

13:14.695 --> 13:15.295
YOU DO NOT HAVE TO GIVE 

13:15.295 --> 13:18.532
UP YOUR IDENTITY 

13:18.532 --> 13:18.932
OR RELIGION.

13:18.932 --> 13:19.499
>>  THE OWNERS OF THE 

13:19.499 --> 13:20.234
CORPORATION ARE ACTING IN A WAY 

13:20.234 --> 13:22.436
THAT WORKS 

13:22.436 --> 13:22.970
TO THE DETRIMENT OF 

13:22.970 --> 13:27.608
THEIR VERY EMPLOYEES SIMPLY 

13:27.608 --> 13:27.875
TO 

13:27.875 --> 13:28.575
PRESERVE THE RELIGIOUS RIGHT.

13:28.575 --> 13:29.142
>>  NO, THEY ARE NOT.

13:29.142 --> 13:31.178
THEY ARE TRYING TO PROVIDE 

13:31.178 --> 13:31.879
INSURANCE TO THEIR EMPLOYEES 

13:31.879 --> 13:33.981
AND GENEROUS BENEFITS 

13:33.981 --> 13:34.314
IF THEY 

13:34.314 --> 13:34.915
ARE FORCED TO DROP THE 

13:34.915 --> 13:36.083
INSURANCE 

13:36.083 --> 13:36.650
AND SIMPLY RAISE THE 

13:36.650 --> 13:42.256
SALARIES, 

13:42.256 --> 13:42.756
IT HURTS THEM IN 

13:42.756 --> 13:43.457
GETTING GOOD EMPLOYEES AND IT 

13:43.457 --> 13:44.157
HURTS THEM IN PROTECTING THEM.

13:44.157 --> 13:45.325
>>  WE HAVE TO END IT HERE.

13:45.325 --> 13:47.127
WE GOT TO THE LIVELIEST 

13:47.127 --> 13:47.461
PART OF 

13:47.461 --> 13:48.896
THE DISCUSSION AND MAYBE WHEN A 

13:48.896 --> 13:52.896
DECISION COMES DOWN