Employers challenging health law contraceptive provision

Enjoy the festivities, President Obama, and while you’re on the grand stage Monday, it might be wise to make nice with the assembled Supreme Court justices.

The next legal challenge to the Affordable Care Act is moving quickly to the high court, and bringing potent questions about religious freedom, gender equality and corporate “personhood.”

The issue is the health-care law’s requirement that employers without a specific exemption must provide workers with insurance plans that cover a full range of birth-control measures and contraceptive drugs.

Inclusion of the no-cost contraceptive coverage for female workers has always been a controversial part of the legislation. It has now sparked more than 40 lawsuits around the nation involving more than 110 individuals, colleges, hospitals, church-affiliated nonprofits and private companies.

The cases involving those with religious affiliations are in limbo, as the Obama administration works on regulations that might provide a compromise. In a case involving two such institutions — Wheaton College in Illinois and Belmont Abbey College in North Carolina — a panel of the U.S. Court of Appeals for the D.C. Circuit is requiring administration officials to report by mid-February about the new rule, which is to be issued by spring.

At the same time, “the business cases are moving quickly,” said Kyle Duncan, general counsel of the Becket Fund for Religious Liberty, one of the groups coordinating the challenges to the law. Duncan said he believes the cases will be decided in lower courts in plenty of time for the Supreme Court to decide whether to review the issue in its term that begins in October.

By Duncan’s count, there are 14 cases filed by business owners who say the law forces them to choose between running their companies and following their religious beliefs. In nine of those cases, courts have issued injunctions until the conflicts can be decided on their merits.

The cases differ by what the business owners say they are willing to provide — some say all contraceptives would violate their religious beliefs, others object only to abortifacients such as the “morning-after pill” and intrauterine devices. But all rely on protections in the First Amendment regarding free exercise of religion and in the Religious Freedom Restoration Act (RFRA).

The 1993 act prohibits the federal government from imposing a “substantial burden” on a person’s exercise of religion unless there is a “compelling governmental interest” and the measure is the least-restrictive method of achieving the interest.

No court of appeals has reached the merits of the challenges, but two — the 7th and 8th circuits in Chicago and St. Louis respectively — have granted business owners injunctions, and two — the 6th in Cincinnati and the 10th in Denver — have denied them.

And along the way, those decisions give a pretty clear indication of the fight ahead.

The most promising for the challengers is a ruling by a three-judge panel of the 7th Circuit. Cyril and Jane Korte, owners of K & L Contractors, said the new law offends their Roman Catholic beliefs. They wanted to replace the insurance program they offered their workers, which they found provided contraceptive services, with one that did not.

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SDA's Lim to launch online rally at 6pm

SINGAPORE: The Singapore Democratic Alliance's (SDA's) candidate for Punggol East, Mr Desmond Lim, will start his online rally at 6pm on Monday.

Mr Lim told reporters after meeting residents at Kangkar LRT Station in the morning that he will start with two video clips.

Each clip will be between seven and 10 minutes long.

Mr Lim said he will produce at least 10 clips during his by-election campaign.

The videos will be available on his Facebook page and can be downloaded to smartphones.

Mr Lim said his volunteers will approach residents during the walkabouts and ask them if they would like use Bluetooth to transfer the clips to their phones.

- CNA/al

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Murder-accused MLA sent in judicial custody

PANCHKULA: A local court on Sunday refused cops' request to extend the police remand of Himachal Pradesh Congress MLA Ram Kumar Chaudhary and sent him in judicial remand to Ambala Central Jail.

The court also directed Panchkula police to file a reply on the request made by Chaudhary during the previous hearing, seeking permission to take oath as MLA on January 22.

During the hearing, representatives of Panchkula police failed to convince the court why they needed Chaudhary's police remand for two more days.

ACP Virender Singh, the probe officer, informed the court that four cellphones, including the victim's, were yet to be recovered and that two cellphones were thrown into a river by the accused.

Chaudhary, a first-time MLA from Doon assembly constituency of Solan district, is one of the four accused in the murder of Jyoti, whose body was found in Sector 21 of Panchkula on November 22.

Plea for 'B category' facilities

Chaudhary has moved an application through his lawyer for special 'B category' facilities in Ambala jail on grounds that he is a post-graduate. His application stated that he has passed MA in public administration from Shimla university in Himachal. Chaudhary's counsel Sukeja told TOI, "Being MA-pass, he is entitled to special facilities in the jail." These facilities include access to newspapers, books, TV and a separate place from other undertrails.

Visited religious while on the run

Police officials said that Chaudhary had visited religious places in different states -- Rajasthan, Himachal and Punjab - travelling by transport buses during the one and a half months of his flight from the police. ACP Virender Singh said that interrogation of Chaudhary revealed that he visited a number of gurdwaras in Punjab and Salasar Balaji temple in Rajasthan.

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Attack at Algeria Gas Plant Heralds New Risks for Energy Development

The siege by Islamic militants at a remote Sahara desert natural gas plant in Algeria this week signaled heightened dangers in the region for international oil companies, at a time when they have been expanding operations in Africa as one of the world's last energy frontiers. (See related story: "Pictures: Four New Offshore Drilling Frontiers.")

As BP, Norway's Statoil, Italy's Eni, and other companies evacuated personnel from Algeria, it was not immediately clear how widely the peril would spread in the wake of the hostage-taking at the sprawling In Amenas gas complex near the Libyan border.

Map by National Geographic

Algeria, the fourth-largest crude oil producer on the continent and a major exporter of natural gas and refined fuels, may not have been viewed as the most hospitable climate for foreign energy companies, but that was due to unfavorable financial terms, bureaucracy, and corruption. The energy facilities themselves appeared to be safe, with multiple layers of security provided both by the companies and by government forces, several experts said. (See related photos: "Oil States: Are They Stable? Why It Matters.")

"It is particularly striking not only because it hasn't happened before, but because it happened in Algeria, one of the stronger states in the region," says Hanan Amin-Salem, a senior manager at the industry consulting firm PFC Energy, who specializes in country risk. She noted that in the long civil war that gripped the country throughout the 1990s, there had never been an attack on Algeria's energy complex. But now, hazard has spread from weak surrounding states, as the assault on In Amenas was carried out in an apparent retaliation for a move by French forces against the Islamists who had taken over Timbuktu and other towns in neighboring Mali. (See related story: "Timbuktu Falls.")

"What you're really seeing is an intensification of the fundamental problem of weak states, and empowerment of heavily armed groups that are really well motivated and want to pursue a set of aims," said Amin-Salem. In PFC Energy's view, she says, risk has increased in Mauritania, Chad, and Niger—indeed, throughout Sahel, the belt that bisects North Africa, separating the Sahara in the north from the tropical forests further south.

On Thursday, the London-based corporate consulting firm Exclusive Analysis, which was recently acquired by the global consultancy IHS, sent an alert to clients warning that oil and gas facilities near the Libyan and Mauritanian borders and in Mauritania's Hodh Ech Chargui province were at "high risk" of attack by jihadis.

"A Hot Place to Drill"

The attack at In Amenas comes at a time of unprecedented growth for the oil industry in Africa. (See related gallery: "Pictures: The Year's Most Overlooked Energy Stories.") Forecasters expect that oil output throughout Africa will double by 2025, says Amy Myers Jaffe, executive director of the energy and sustainability program at the University of California, Davis, who has counted 20 rounds of bidding for new exploration at sites in Africa's six largest oil-producing states.

Oil and natural gas are a large part of the Algerian economy, accounting for 60 percent of government budget revenues, more than a third of GDP and more than 97 percent of its export earnings. But the nation's resources are seen as largely undeveloped, and Algeria has tried to attract new investment. Over the past year, the government has sought to reform the law to boost foreign companies' interests in their investments, although those efforts have foundered.

Technology has been one of the factors driving the opening up of Africa to deeper energy exploration. Offshore and deepwater drilling success in the Gulf of Mexico and Brazil led to prospecting now under way offshore in Ghana, Mozambique, and elsewhere. (See related story: "New Oil—And a Huge Challenge—for Ghana.") Jaffe says the Houston-based company Anadarko Petroleum has sought to transfer its success in "subsalt seismic" exploration technology, surveying reserves hidden beneath the hard salt layer at the bottom of the sea, to the equally challenging seismic exploration beneath the sands of the Sahara in Algeria, where it now has three oil and gas operations.

Africa also is seen as one of the few remaining oil-rich regions of the world where foreign oil companies can obtain production-sharing agreements with governments, contracts that allow them a share of the revenue from the barrels they produce, instead of more limited service contracts for work performed.

"You now have the technology to tap the resources more effectively, and the fiscal terms are going to be more attractive than elsewhere—you put these things together and it's been a hot place to drill," says Jaffe, who doesn't see the energy industry's interest in Africa waning, despite the increased terrorism risk. "What I think will happen in some of these countries is that the companies are going to reveal new securities systems and procedures they have to keep workers safe," she says. "I don't think they will abandon these countries."

This story is part of a special series that explores energy issues. For more, visit The Great Energy Challenge.

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Sasha's View: 'Good Job, Daddy. You Didn't Mess Up'

President Barack Obama and Vice President Joe Biden today officially embarked on their second term, taking the Constitutionally mandated oath of office in two separate private ceremonies inside their homes.

Shortly before noon in the Blue Room of the White House, Obama raised his right hand, with his left on a family Bible, reciting the oath administrated by Chief Justice John Roberts. He was surrounded by immediate family members, including first lady Michelle Obama and daughters, Malia and Sasha.

As he hugged his wife and daughters, Sasha said, "Good job, Daddy."

"I did it," he said.

"You didn't mess up," she answered.

Biden was sworn in earlier today by Justice Sonia Sotomayor, the first Hispanic to administer a presidential oath, in a ceremony at his official residence at the U.S. Naval Observatory. He was joined by more than 120 guests, including cabinet members, extended family and his wife, Dr. Jill Biden.

Because Jan. 20 -- the official date for a new presidential term -- falls on a Sunday this year, organizers delayed by one day the traditional public inauguration ceremony and parade down Pennsylvania Avenue.

Vice President Joe Biden Sworn in for 2nd Term Watch Video

Obama Sworn In for Second Term, Kicks off Inaugural Festivities Watch Video

Obama and Biden will each repeat the oath on Monday on the west front of the Capitol, surrounded by hundreds of dignitaries and members of Congress. An estimated 800,000 people are expected to gather on the National Mall to witness the moment and inaugural parade to follow.

The dual ceremonies in 2013 means Obama will become the second president in U.S. history to take the presidential oath four times. He was sworn in twice in 2008 out of an abundance of caution after Roberts flubbed the oath of office during the public administration. This year Roberts read from a script.

Franklin Roosevelt was also sworn in four times but, unlike Obama, he was elected four times.

This year will mark the seventh time a president has taken the oath on a Sunday and then again on Monday for ceremonial purposes. Reagan last took the oath on a Sunday in 1985.

Both Obama and Biden took the oath using a special family Bible. Obama used a text that belonged to Michelle Obama's grandmother LaVaughn Delores Robinson. Biden placed his hand on a 120-year-old book with a Celtic cross on the cover that has been passed down through Biden clan.

The official inaugural activities today also included moments of prayer and remembrance that marked the solemnity of the day.

Obama and Biden met at Arlington National Cemetery for a brief morning ceremony to place a wreath on the Tomb of the Unknowns, honoring military service members who served and sacrificed. The men stood shoulder to shoulder, bowing their heads as a bugler played "Taps."

Biden, who is Catholic, began the day with a private family mass at his residence. The president and first family attended church services at Metropolitan African Methodist Episcopal Church, a historically black church and site of two pre-inaugural prayer services for former President Bill Clinton and Vice President Al Gore and their families.

The Obamas and Bidens plan to participate in a church service on Monday morning at St. John's Episcopal, across Lafayette Park from the White House. They will also attend a National Prayer Service on Tuesday at the National Cathedral.

Later on Sunday evening, the newly-inaugurated leaders will attend a candlelight reception at the National Building Museum. The president and vice president are expected to deliver brief remarks to their supporters.

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Biden’s gun task force met with all sides, but kept its eye on the target

Vice President Biden was curt, avoiding confrontation when he sat down with the National Rifle Association and other gun rights advocates. He looked across the table in his ornate conference room and asked the NRA official if his group could back a ban on assault weapons.

“No,” was James J. Baker’s reply.

There was little discussion, no real debate over whether a 1990s ban had worked. The two men simply moved on. Biden, leading a task force to study gun violence, was certain of the course of action President Obama would end up taking, and Baker was just as certain that the NRA would work to stop it.

In the 33 days after the massacre at Sandy Hook Elementary School, gun control rocketed through what one administration official called “a time warp,” transforming from an issue that was politically off-limits to one at the top of Obama’s agenda.

At the center of the transformation was the Biden-led task force. It held 22 meetings, most of them in the same week and many stretching past two hours, Biden furiously scribbling notes in a black leather-bound spiral notebook. The group collected ideas from 229 organizations — or, as Biden put it in a speech last week, “reviewing just about every idea that had been written up only to gather dust on the shelf of some agency.”

The vice president personally placed phone calls, too, including a 45-minute chat one night with the parents of a student who died at Sandy Hook.

“It was like watching an entire term of Senate hearings compressed into a week,” said one administration official who, like others interviewed, spoke on the condition of anonymity to talk candidly. “He was gently interrogating witnesses, following up, finding common ground, finding discrepancies.”

The outcome was never in doubt, however. From the outset, Obama made clear he would champion universal background checks for all gun buyers and bans on assault weapons and high-capacity ammunition magazines.

“I feel like to a certain extent they were checking the box, to say we’ve met with all the stakeholders and now we’re going to do what we’re going to do,” Baker, the NRA lobbyist, said of the task force.

Biden’s task force was less about determining which of the big-ticket items to recommend — it recommended them all — and more about involving each interest group in a process that could build a diverse coalition to lobby Congress.

A strategy took shape to undercut the NRA by appealing to its membership base through more friendly groups, such as evangelical pastors and sportsmen’s associations.

The representative of the hunters group Ducks Unlimited, for instance, presented Biden with a wooden duck decoy. In that meeting, Biden conceded that any push for universal background checks could include exceptions for gun transfers between family members.

“He wasn’t challenging their positions,” said an official. “He was looking for space between their positions and where we are — space where things can happen.”

The task force also provided Biden with his latest prominent role on a high-profile issue. Biden looks to be at the center of every big policy push of the second term, from taxes and debt to the war in Afghanistan. His performance will affect not only his ambitions for a possible third run at the presidency, but also Obama’s legacy. On guns, an issue Biden knows well, he plans to go out on the hustings to rally public support.

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10 Japanese unaccounted for in Algeria crisis

TOKYO: A Japanese engineering firm said Sunday that 10 Japanese and seven foreign workers remained unaccounted for at an Algerian gas plant that was seized by Islamist militants.

JGC Corp. said it had confirmed the safety of 61 of 78 workers after Algerian troops stormed the remote gas plant Saturday to end the hostage crisis that killed 23 foreigners and Algerians.

"We have newly confirmed the safety of 41 of our workers but the safety of the remaining 10 Japanese and seven foreign workers is yet to be confirmed," JGC spokesman Takeshi Endo told reporters.

- AFP/ck

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TOI Social Impact Awards: An ambulance in time saves lives

MUMBAI: Its 868 ambulances have helped save almost 20 lakh Indians in five states over the last seven years. But these numbers don't quite capture how a small company started by five friends has brought about big changes in India's healthscape.

Before Ziqitza Health Care started its 'Dial 1298 for an Ambulance' service in Mumbai in 2005, it was difficult to imagine a self-sustaining revenue model in emergency medical services (EMS). As the number of EMS providers multiplied , Ziqitza moved the courts to bring transparency into the sector. When they found a southern state offering its emergency medical services to a firm without calling for tenders, they took the matter to the Supreme Court. "Now every state follows the rules," says Shaffi Mather who, along with Ravi Krishna, Sweta Mangal, Naresh Jain and Manish Sacheti, returned from the US to start the company.

They also changed the peculiar Indian habit of using ambulances as hearse vehicles. "In India, ambulances were used to carry dead bodies . We refused to allow that. Ambulances are meant to help lives," says Krishna. Ziqitza's ambulances have often doubled as labour rooms, given the poor state of healthcare in remote areas. More than 6,000 babies have been delivered in their ambulances."Recently, our paramedics in Rajasthan delivered a breech baby in their ambulance," says Sweta Mangal.

The firm has carved out three business models to meet the growing requirement for ambulances. The first is Dial 1298, Ziqitza's private enterprise that charges people for the ambulance (BPL card holders can pay 50% of the fee). The second is Dial 108 in states where the government provides ambulances and money for the service. The third is an outsourcing model for hospitals.

Ziqitza — a combination of jigyasa (quest for knowledge) and chikitsa (medical aid) — was born out of personal crises. Mather didn't know whom to call in Kochi when his mother started choking in her sleep at midnight over seven years back. A few days later, Krishna's mother collapsed in the US but she was taken to hospital within a few minutes. "This contrast made us realize we needed to do something about ambulances back in India," recalls Krishna. Instead of taking the NGO route, they opted for a self-sustaining business model. It has been appreciated, with INSEAD and Harvard Business School writing about them.

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Attack at Algeria Gas Plant Heralds New Risks for Energy Development

The siege by Islamic militants at a remote Sahara desert natural gas plant in Algeria this week signaled heightened dangers in the region for international oil companies, at a time when they have been expanding operations in Africa as one of the world's last energy frontiers. (See related story: "Pictures: Four New Offshore Drilling Frontiers.")

As BP, Norway's Statoil, Italy's Eni, and other companies evacuated personnel from Algeria, it was not immediately clear how widely the peril would spread in the wake of the hostage-taking at the sprawling In Amenas gas complex near the Libyan border.

Map by National Geographic

Algeria, the fourth-largest crude oil producer on the continent and a major exporter of natural gas and refined fuels, may not have been viewed as the most hospitable climate for foreign energy companies, but that was due to unfavorable financial terms, bureaucracy, and corruption. The energy facilities themselves appeared to be safe, with multiple layers of security provided both by the companies and by government forces, several experts said. (See related photos: "Oil States: Are They Stable? Why It Matters.")

"It is particularly striking not only because it hasn't happened before, but because it happened in Algeria, one of the stronger states in the region," says Hanan Amin-Salem, a senior manager at the industry consulting firm PFC Energy, who specializes in country risk. She noted that in the long civil war that gripped the country throughout the 1990s, there had never been an attack on Algeria's energy complex. But now, hazard has spread from weak surrounding states, as the assault on In Amenas was carried out in an apparent retaliation for a move by French forces against the Islamists who had taken over Timbuktu and other towns in neighboring Mali. (See related story: "Timbuktu Falls.")

"What you're really seeing is an intensification of the fundamental problem of weak states, and empowerment of heavily armed groups that are really well motivated and want to pursue a set of aims," said Amin-Salem. In PFC Energy's view, she says, risk has increased in Mauritania, Chad, and Niger—indeed, throughout Sahel, the belt that bisects North Africa, separating the Sahara in the north from the tropical forests further south.

On Thursday, the London-based corporate consulting firm Exclusive Analysis, which was recently acquired by the global consultancy IHS, sent an alert to clients warning that oil and gas facilities near the Libyan and Mauritanian borders and in Mauritania's Hodh Ech Chargui province were at "high risk" of attack by jihadis.

"A Hot Place to Drill"

The attack at In Amenas comes at a time of unprecedented growth for the oil industry in Africa. (See related gallery: "Pictures: The Year's Most Overlooked Energy Stories.") Forecasters expect that oil output throughout Africa will double by 2025, says Amy Myers Jaffe, executive director of the energy and sustainability program at the University of California, Davis, who has counted 20 rounds of bidding for new exploration at sites in Africa's six largest oil-producing states.

Oil and natural gas are a large part of the Algerian economy, accounting for 60 percent of government budget revenues, more than a third of GDP and more than 97 percent of its export earnings. But the nation's resources are seen as largely undeveloped, and Algeria has tried to attract new investment. Over the past year, the government has sought to reform the law to boost foreign companies' interests in their investments, although those efforts have foundered.

Technology has been one of the factors driving the opening up of Africa to deeper energy exploration. Offshore and deepwater drilling success in the Gulf of Mexico and Brazil led to prospecting now under way offshore in Ghana, Mozambique, and elsewhere. (See related story: "New Oil—And a Huge Challenge—for Ghana.") Jaffe says the Houston-based company Anadarko Petroleum has sought to transfer its success in "subsalt seismic" exploration technology, surveying reserves hidden beneath the hard salt layer at the bottom of the sea, to the equally challenging seismic exploration beneath the sands of the Sahara in Algeria, where it now has three oil and gas operations.

Africa also is seen as one of the few remaining oil-rich regions of the world where foreign oil companies can obtain production-sharing agreements with governments, contracts that allow them a share of the revenue from the barrels they produce, instead of more limited service contracts for work performed.

"You now have the technology to tap the resources more effectively, and the fiscal terms are going to be more attractive than elsewhere—you put these things together and it's been a hot place to drill," says Jaffe, who doesn't see the energy industry's interest in Africa waning, despite the increased terrorism risk. "What I think will happen in some of these countries is that the companies are going to reveal new securities systems and procedures they have to keep workers safe," she says. "I don't think they will abandon these countries."

This story is part of a special series that explores energy issues. For more, visit The Great Energy Challenge.

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Algeria Hostage Crisis Over, One American Dead

After the Algerian military's final assault on terrorists holding hostages at a gas complex, the four-day hostage crisis is over, but apparently with additional loss of life among the foreign hostages.

One American, Fred Buttaccio of Texas, has been confirmed dead by the U.S. State Department. Two more U.S. hostages remain unaccounted for, with growing concern among U.S. officials that they did not survive.

But another American, Mark Cobb of Corpus Christi, Texas is now confirmed as safe. Sources close to his family say Cobb, who is a senior manager of the facility, is safe and reportedly sent a text message " I'm alive."

Inside Algerian Hostage Crisis, One American Dead Watch Video

American Hostages Escape From Algeria Terrorists Watch Video

In a statement, President Obama said, "Today, the thoughts and prayers of the American people are with the families of all those who were killed and injured in the terrorist attack in Algeria. The blame for this tragedy rests with the terrorists who carried it out, and the United States condemns their actions in the strongest possible terms. ... This attack is another reminder of the threat posed by al Qaeda and other violent extremist groups in North Africa."

According to Algerian state media, 32 militants are dead and a total of 23 hostages perished during the four-day siege of the In Amenas facility in the Sahara. The Algerian Interior Ministry also says 107 foreign nationals who worked at the facility for BP and other firms were rescued or escaped from the al Qaeda-linked terrorists who took over the BP joint venture facility on Wednesday.

The Japanese government says it fears "very grave" news, with multiple casualties among the 10 Japanese citizens working at the In Amenas gas plant.

Five British nationals and one U.K. resident are either deceased or unaccounted for in the country, according to British Foreign Minister William Hague. Hague also said that the Algerians have reported that they are still trying to clear boobytraps from the site.

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