Three Reasons Hobby Lobby Won Court Case

The U.S. Supreme Court ruled Monday that two Christian-owned businesses, Hobby Lobby and Conestoga Wood Specialties, do not have to comply with parts of the "Obamacare" birth control mandate that violate the owners' sincere religious beliefs. Here are three reasons for that decision, according to the majority opinion written by Justice Samuel Alito.

1. The Religious Freedom Restoration Act covers for-profit corporations.

The Religious Freedom Restoration Act (1993) covers non-profit corporations, all parties in the suit agreed, and the profit motive itself does not eliminate religious freedom protections.

There is no dispute that RFRA protects non-profit corporations, Alito wrote, so individuals that form a corporation still enjoy the religious freedom protections of RFRA. Plus, there is nothing in the profit motive of for-profit corporations that suggests religious freedom should no longer be protected. Alito cites Braunfeld vs. Brown (1961) in noting that the Court has already recognized the right to the free exercise of religion for retail merchants.

Additionally, laws already recognize that corporations are recognized as "persons" for the purposes of the law. Mark Rienzi, senior counsel for The Becket Fund for Religious Liberty, which represented Hobby Lobby, pointed this out in a Monday press call with reporters. In laws and cases dating back to 1870, he said, a "person" under the law has been recognized to include corporations.

"Any suggestion that for-profit corporations are incapable of exercising religion because their purpose is simply to make money flies in the face of modern corporate law," Alito wrote.

When Congress passed RFRA, Alito added, it "employed the familiar legal fiction of including corporations within RFRA's definition of 'persons,' but the purpose of extending rights to corporations is to protect the rights of people associated with the corporation, including shareholders, officers, and employees. Protecting the free-exercise rights of closely held corporations thus protects the religious liberty of the humans who own and control them."

2. HHS did not use the least restrictive means of accomplishing its goal. 

Under RFRA, when a government action infringes upon religious freedom, it must show that is has a "compelling government interest" for doing so and it used the "least restrictive means" for doing so. This means that the government can, at times, infringe upon a person's religious freedom, but only if it has a really good reason for doing so and only if there is no other way to accomplish that goal without infringing upon religious freedom.

The Court did not look at whether HHS had a compelling interest in issuing the birth control mandate, but assumed, for the purposes of the case that it did. HHS did not show, however, that it used the least restrictive means to fulfill its goal.

"The Court assumes that the interest in guaranteeing cost-free access to the four challenged contraceptive methods is a compelling governmental interest, but the Government has failed to show that the contraceptive mandate is the least restrictive means of furthering that interest," Alito wrote.

If HHS wants to make sure that everyone can get birth control without a co-pay, there are lots of ways to do that without infringing upon anyone's religious conscience. Indeed, HHS tried to argue that it had no other way to fulfill its purpose even though it already provided exemptions to many others. In providing those other religious exemptions, HHS showed the Court that it can provide exemptions in the pursuit of its goal. This undermined HHS' argument that it cannot provide the exemption to Hobby Lobby and Conestoga Wood because that would undermine what it was trying to accomplish.

3. Religious convictions are what the individual says they are, not what the government says they are.

The Green family (owners of Hobby Lobby) and the Hahn family (owners of Conestoga Wood Specialties), should have no religious objections to the birth control mandate, HHS argued, because it would be their employees, not them, that would decide whether or not to use the objectionable forms of birth control. The Court found this argument unpersuasive because it is up to the individuals, not the government, to decide what actions are in violation of their religious beliefs.

"It is not for the Court to say that the religious beliefs of the plaintiffs are mistaken or unreasonable," Alito wrote.

In making the point, Alito cited a prior case involving a Jehovah's Witness who worked for a company making tanks. The Jehovah's Witness did not object to making the sheet metal used for the tanks, but when his employer moved him to a job making turrets for the tanks, he objected.

The state of Indiana questioned whether it was reasonable for the man to draw the line where he did. If he does not believe it is immoral to make the sheet metal used for the turrets, it should not be immoral to make the turrets themselves, the state reasoned.

The Court, however, held that it is not for the government to decide for the individual what is moral or immoral: "it is not for us to say that the line he drew was an unreasonable one."

Anderson Water System Promising Improvement Soon

Anderson Regional Joint Water System continues to recover from the service interruption of June 25-26, and says all water samples drawn and tested confirm that water delivered is free from contamination and meets all primary standards for health and safety. Portions of the System are still experiencing some increased cloudiness and increased color in the water. This discoloration was expected as the refill of the water system resulted in sediments present in water systems storage tanks and pipelines being resuspended.

Anderson Regional Water and its member agencies are conducting an extensive flushing program to help remove any discolored water from the System. As the water containing suspended material is flushed, water clarity should return to normal. In a news release, a spokesman for the system says to expect a noticeable improvement in water clarity with the next day.

Forecasts Watching Storm Off S.C. Coast

A low pressure weather system off the coast of Florida could develop into a tropical storm later this week and take a turn toward the Carolinas, according to a National Weather Service forecaster.

The National Hurricane Center issued a forecast Sunday, saying that the system has a 60 percent chance of developing into a tropical storm in the next 48 hours. There's an 80 percent chance the system will become a tropical storm by Friday, the center said in a nationally issued forecast.

The storm, according to the forecast, is expected to become more defined late Tuesday as it travels over Eastern Florida coastal waters. Tropical storms have sustained winds of 39 mph to 73 mph, and can bring several inches of rain.

The weather system is currently about 230 miles east of St. Augustine, Fla. Julie Packett, a meteorologist for the National Weather Service in Charleston, said the system is currently traveling south west toward the tip of Florida but that it's expected to take a northerly turn toward the Carolinas later this week.

Packett said current weather models are forecasting the storm will travel north parallel to the South Carolina coast. As of Sunday, the system was not predicted to make landfall in South Carolina, she said.

"Of course a lot can change over the next couple days," Packett said. "It's something to definitely keep a close eye on."

New Troopers to Boost S.C. Highway Patrol

A class of 43 new state troopers graduated from the South Carolina Criminal Justice Academy Friday, easing somewhat the shortage at the Highway Patrol. They bring the number of troopers statewide to 780, when the state had 968 in 2008, just before budget cuts caused by the recession.

Highway Patrol commander Col. Mike Oliver says, "A large county may not see a whole lot of difference with just one trooper coming there. But rural South Carolina, the Allendales, the Bambergs, places like that, we may be increasing the size of that county by 20 percent in troopers, so it means a lot to especially rural South Carolina. But 43 spread across South Carolina is a lot of troopers."

He says having more troopers on the roads improves your safety because it allows the Highway Patrol to be more proactive. Instead of just responding to calls, they can focus more on stopping drunken drivers, speeders, and people driving recklessly.

Another class of about 50 cadets will start training in July and will graduate in December, then another class will start in January.

The process is very competitive. For the class of 43 that just graduated, there were 1,160 applicants.

$5 Million Tax Dollars to Boost Police at Black Bike Week

Roughly $5 million in state tax money could be available to beef up law enforcement during next year’s Atlantic Beach Bikefest.

The money, included in the state budget that takes effect Tuesday, is in response to violence during this year’s Bikefest. During the Memorial Day weekend event, three people were shot to death and there were at least seven other shootings.

Compared with 10 years ago, the most serious crimes during Bikefest have more than doubled, to 114 this year from 42 in 2004.

In reaction, Horry County area officials have called for additional law enforcement to head off violence at next year’s Bikefest.

An amendment in the new state budget authorizes a third of the accommodations tax money that is returned to the Horry County area from the state to be used for policing during events held in May – a period that includes Bikefest.

Based on the last fiscal year, that means about $5 million would be available for Horry County and its municipalities, including Myrtle Beach, for policing.

The state budget also could provide additional money for Bikefest security.

That money would come from $1.1 million in “local law enforcement grants” earmarks included in the state budget. How much of that money will go toward policing during Bikefest has not been determined.

Full Story Here

State: DSS Caseloads Exteme, Report Says

Child-welfare workers in the Midlands bear some of the highest caseloads in the state – with one Lexington County worker managing 48 cases and 103 children at one time.

The Midlands caseworkers are not alone, according to a review by The State of May 21 caseloads for every S.C. child-welfare caseworker.

About 40 percent of child-welfare workers across South Carolina – including two-thirds of the workers in Kershaw County, more in half in Lexington and 43 percent in Richland County – try to handle more than the 17 cases at any one time that national experts recommend.

That work load is far higher than the one portrayed to a state Senate panel investigating the state Department of Social Services earlier this year.

The agency’s then-director, Lillian Koller, told a state Senate panel that Social Services caseworkers manage, on average, six to seven cases. Koller later acknowledged that average — while accurate — was misleading, including some staffers who only manage one case at a time.

Questions about those caseloads are driving an ongoing investigation into Social Services by a state Senate panel. Child-welfare advocates charge the agency has missed cases of abuse and neglect that led to children dying.

Those concerns are justified, according to Social Services’ own internal evaluations of child-welfare services in South Carolina’s 46 counties.

The State reviewed those evaluations and found that in 25 of 46 counties – including Lexington and Richland – investigations of alleged child abuse were more likely than not to be closed in violation of the agency’s own policies.

Full Story Here

PCUSA Criticized for Abortion Position

While the biggest news to come out of the Presbyterian Church (U.S.A.)'s 221st General Assembly in Detroit last week was the decision to allow clergy to officiate same-sex weddings in states where gay marriage is legal, pro-life groups are calling out the denomination for its weak stance on protecting babies who survive botched abortions.

By a wide margin last Thursday, the PCUSA's General Assembly voted 465 to 133 against a measure asking its members to reflect, for two years, on the plight of unwanted children, both the born and preborn.

The measure, brought before the members by the Presbytery of South Alabama, was spurred by the murder trial of Philadelphia abortionist Kermit Gosnell, as well as abortion clinic employees going public about unsafe and allegedly illegal practices that led to the temporary closure of a Delaware Planned Parenthood facility, among others.

"Evidently, denouncing infanticide and praying for children born after an abortion fails doesn't fly in today's Presbyterian church," asserted pro-life group Live Action. "All the measure was asking for was prayerful reflection, and to denounce the practice of killing babies born alive after abortion."

While the PCUSA's Advisory Committee on Social Witness Policy stated that the church's concern for the unborn is clearly stated in its current policy on problem pregnancies and abortion, titled, "Do Justice, Love Mercy, Walk Humbly" (204th General Assembly, 1992), it also stated that members of the denomination "do not have substantial agreement on when human life begins."

The Presbytery of South Alabama stated in its measure that the "blood of little children cries out to God and to Christ's Church for protection and justice." And further noted that Gosnell's trial has forced Americans to look into Planned Parenthood and the abortion business for "tolerating medical abuse of both mothers and infants."

Low Pressure Off S.C. Coast Could Become Tropical Storm

A low pressure system spotted over southern South Carolina now has an increased chance of developing into a tropical cyclone over the next few days, according to a news update from the National Hurricane Center.

The weak low-pressure system now hovers south of the coast of South Carolina, and forecasters predict it will drift southward. It is not predicted to threaten the Gulf Coast.

According to the National Hurricane Center, the system now has a 30 percent chance of developing into a tropical cyclone over the next two days, and a 50 percent chance of developing into a tropical cyclone over the next five days. Those are higher odds than was predicted when the system hoveredabove South Carolina.

Boil Water Advisory Ends; But Water Still Not Clear

The boil water advisory has been lifted for Anderson County, but for the next several days expect discolored water with a continued odd odor and taste as the pipes are flushed throughout the system.

Developing.

Anderson Makes Deal for Bus to Clemson

If you use public transportation between Anderson and Clemson, you'll want to read this.

Beginning July 1, the Clemson Area Transit (CAT) Anderson 4-U route will cease operation. However, Electric City Transit, operated by the City of Anderson, will establish a new route that will encompass most of the old 4-U route. 

The newly established Electric City Orange route buses will depart from Wal-Mart on Liberty Highway in Anderson at :51 after the hour (first departure at 6:51 a.m. and last departure at 5:51 p.m.) and transport riders to Tri-County Technical College (first departure at 7:15 a.m. and last departure at 6:15 p.m.). Other stops along the route include Interstate Boulevard, Sandy Springs Road, and Anderson Station which service areas like LaFrance Industries, Sandy Springs Water, Bi-Lo in Pendleton, Michelin Plant, Publix and K-Mart.

From Tri-County Tech to Clemson

To ensure connectivity and assess demand for Clemson University ridership between Tri-County Tech and Clemson University, Clemson University Parking and Transportation Services will implement a "pilot" program available for university faculty, staff, or students who display a valid Clemson University ID.

Clemson University Parking and Transportation Services will operate peak-hour express transit service using the free Tiger Transit shuttle vehicles from 7 until 10 a.m. and 3:30 p.m. to 6:30 p.m. Monday through Friday. The route will start at East Library Circle departing at the top (:00) and bottom (:30) of the hour (first departure at 7 a.m. and last departure at 6 p.m.). The bus will travel to Tri-County Tech and connect with the Electric City Transit Orange Route bus at Tri County Tech's transit stop on Woodburn Road at :15 after each hour. The bus will then return to campus with one stop at Tiger Town Village at :19 after the hour and :49 after the hour.

The Electric City Transit Orange Route will require a fare to ride. A one-way fare from Anderson to Tri-County Technical College for an adult will be $0.50. Reduced fares ($0.25) are available for senior citizens, students K-12, disabled, and Medicare card holders. However, during this transition, free transfer passes to board the Tiger Transit shuttle to Clemson University will be distributed to Clemson faculty, staff and students during the first week of service and will be available at the Parking and Transportation Services office beginning July 7. 

Future plans

Phone App Reports Those Who Text and Drive

According to the U.S. Department of Transportation, motorists who text while driving, are 23 times more likely to get into an accident than those who don’t engage in texting.  These statistics have prompted 44 states, including South Carolina, to make the practice illegal. 

With the new law, South Carolina has a uniform statewide ban that applies no matter where a motorist might be driving.  And, while it sensibly bans texting for drivers of all ages, the legislature hopes that it will have a significant effect on teen texting. 

A recent federal report found that texting while driving ranks among the top risks for teens.  Teens are smoking and drinking less, but they are texting more.  The report indicates that 41 percent had texted or emailed while behind the wheel.  

To help “curb the urge”, several apps are now available which limit an individual’s need to text and drive.  Each application provides an automatic reply to incoming messages to let the sender know you are driving and unable to respond.  The apps can be downloaded to a Smart Phone from the vendor’s website or from Google Play.  Each vendor offers a FREE version, with some restrictions.  

DriveMode by AT&T sends a reply to incoming messages when the vehicle is moving at least 25mph.  The automatic-reply can respond to text messages, emails and wireless phone calls. 

Text-Star by Cinqpoint detects motion over 10mph and automatically sends a reply to incoming text messages and phone calls.      

DriveScribe by Drive Power sends an automatic reply to text messages. It also monitors and scores driving performance.

DriveSafe.ly by iSpeech automatically replies to the sender then reads the incoming text message out loud.

The Sheriff’s Office does not endorse any of the above applications; but, per Sheriff Skipper, “Parents may want to check into the capabilities and limitations of each of these products.  It couldn’t hurt and it may save your child’s life.” 

NOTE:  We wish to thank Mr. Marshall Ashley of Anderson for bringing these options to our attention.

Dem Poll Says Race for Governor Very Close

The gap separating Republican Gov. Nikki Haley and her Democratic opponent in November, state Sen. Vincent Sheheen, is narrow, according to a Democratic-leaning poll.

Haley leads Sheheen 49-46 percent, according to the survey of 698 S.C. registered voters. Those figures include “strong” and “weak” supporters, who could change their minds.

The margin of error for the poll was plus or minus 3.7 percentage points, which could mean Haley’s lead actually is larger or Sheheen could be narrowly ahead.

The poll was conducted by Public Policy Polling for the S.C. Democratic Party.

“Despite being outspent 10-1, Vincent Sheheen is viable, and Nikki Haley is very vulnerable,” said Kristin Sosanie, spokesperson for the Democratic Party.

Haley campaign spokesman Rob Godfrey said the poll was a ploy for campaign donations for Sheheen.

“It's amusing that the Democratic Party is trying to concoct a phony ‘poll’ to help Vince's fundraising at the end of the quarter,” Godfrey said. “It's not worth the paper it's printed on.”

A Republican-leaning poll released in April, conducted by Pulse Opinion Research for Rasmussen Reports, found Haley had a double-digit lead over Sheheen. In that poll, 52 percent of those surveyed favored Haley and 37 percent favored Sheheen.

Boil Water Alert Remains in Effect

The Anderson Regional Joint Water System said Thursday night that repairs had been made and the plant was operating normally. The Water System asked customers to only "use water for essential purposes" and boil water until further notice after the pipe ruptured Wednesday night.

Conservation and boil water notices remain in effect until further notice. However, officials said they expect to have a complete refill of the system sometime Friday.