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Court nixes faith-based birth control mandate challenge
Headline News |
2015/02/16 20:55
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An appeals court has ruled that the birth control coverage required by federal health care reforms does not violate the rights of several religious groups because they can seek reasonable accommodations.
Two western Pennsylvania Catholic dioceses and a private Christian college had challenged the birth control coverage mandates and won lower-court decisions. However, the U.S. 3rd Circuit Court ruling Wednesday said the reforms place "no substantial burden" on the religious groups and therefore don't violate their First Amendment rights.
All three groups — the college and the Pittsburgh and Erie dioceses — are mulling whether to appeal to the entire 3rd Circuit Court of Appeals or the U.S. Supreme Court.
"Such a ruling should cause deep concern for anyone who cares about any First Amendment rights, especially the right to teach and practice a religious faith," Pittsburgh Bishop David Zubik said in a statement. "This decision says that the church is no longer free to practice what we preach."
At issue is an "accommodation" written into the Affordable Care Act that says religious organizations can opt out of directly providing and paying to cover medical services such groups would consider morally objectionable. In this case, that refers to all contraceptive and abortion services for the Catholic plaintiffs, and contraceptive services like the "week-after" pill and other medical coverage that Geneva College contends violate its anti-abortion teachings. The school in Beaver Falls is affiliated with the Reformed Presbyterian Church.
Justice Department lawyers have argued the accommodation solves the problem because it allows religious groups to opt out of directly providing such coverage. But the plaintiffs contend that merely filing the one-page form, which puts a religious group's objections on record with the government, violates their rights because it still "facilitates" or "triggers" a process that then enables third-party insurers to provide the kind of coverage to which they object. |
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Brother of murder victim attacks defendant in court
Top Legal News |
2015/02/04 18:43
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The brother of a murder victim has been arrested after authorities say he attacked his sister's killer in Onslow County court.
Authorities say 26-year-old Alfonso Law of Acworth, Georgia, has been charged with contempt of court, assault on a government official, simple assault, and disorderly conduct.
News outlets report that Law charged at 26-year-old Pernell Jones on Monday as Jones pleaded guilty to second-degree murder in the death of 15-year-old Anita Law.
After Jones admitted to killing the teenager, Law rushed at him and both men ended up on the floor before deputies pulled them apart,
Jones was sentenced to between 16 and 20 years in prison.
Alfonso Law goes before Judge Charles Henry on the contempt charge Thursday. It was not immediately known if he had an attorney. |
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Anxiety over Supreme Court's latest dive into health care
Attorneys News |
2015/02/04 18:43
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Nearly five years after President Barack Obama signed his health care overhaul into law, its fate is yet again in the hands of the Supreme Court.
This time it's not just the White House and Democrats who have reason to be anxious. Republican lawmakers and governors won't escape the political fallout if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.
Obama's law offers subsidized private insurance to people who don't have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.
And disruptions in the affected states don't end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market would face a jump in premiums. That's because self-pay customers are in the same insurance pool as the subsidized ones.
Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the insurance overhaul work. Withdrawing them would "make the situation worse than it was before" Congress passed the Affordable Care Act.
The debate over "Obamacare" was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance. "It is not simply a function of law or ideology; there are practical impacts on high numbers of people," said Republican Mike Leavitt, a former federal health secretary.
The legal issues involve the leeway accorded to federal agencies in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that have set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and Democratic lawmakers who wrote the law say Congress' clear intent was to provide subsidies to people in every state. |
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Supreme Court halts 3 upcoming executions in Oklahoma
Top Legal News |
2015/01/30 20:46
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The Supreme Court has ordered Oklahoma to postpone lethal injections executions using a controversial sedative until the court rules in a challenge involving the drug.
The court's order Wednesday came as little surprise after both the state and the lawyers for three inmates who faced execution between now and March requested the temporary halt. The justices agreed on Friday to take up the challenge to the use of the sedative midazolam, which has been used in problematic executions in Arizona, Ohio and Oklahoma.
The case will be argued in April and decided by late June.
Left open by the court's order is whether Oklahoma can carry out an execution that does not involve midazolam. |
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Fugitive treasure hunter to appear in Florida federal court
Top Legal News |
2015/01/30 20:45
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A treasure hunter locked in a legal battle over one of the greatest undersea hauls in American history was scheduled to appear in federal court Thursday after two years on the run.
The U.S. Marshals Service captured former fugitive Tommy Thompson at a Hilton hotel in West Boca Raton on Tuesday. The capture was announced Wednesday by Brian Babtist, a senior inspector in the agency's office in Columbus, Ohio, where a federal civil arrest warrant was issued for him in 2012 for failing to show up to a key court hearing. A criminal contempt warrant was unsealed Wednesday.
Thompson had been on the lam for two years, accused of cheating investors out of their share of $50 million in gold bars and coins he had recovered from a 19th century shipwreck.
Thompson made history in 1988 when he found the sunken S.S. Central America, also known as the Ship of Gold. In what was a technological feat at the time, Thompson and his crew brought up thousands of gold bars and coins from the shipwreck. Much of that was later sold to a gold marketing group in 2000 for about $50 million. |
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Arizona sheriff could face civil contempt hearing in court
Top Legal News |
2015/01/20 20:26
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An Arizona sheriff could face a civil contempt hearing in federal court for his office's repeated violations of orders issued in a racial-profiling case.
U.S. District Judge Murray Snow held a telephonic conference Thursday and told Maricopa County Sheriff Joe Arpaio's attorneys that the six-term sheriff may face an April 21-24 hearing.
But a top lawyer with the Arizona chapter of the American Civil Liberties Union said Friday that Snow stopped short of officially ordering the hearing. The judge has given both sides until Jan. 23 to file additional paperwork.
At a Dec. 4 hearing, Snow sent strong signals that he intended to pursue contempt cases that could expose Arpaio to fines and perhaps jail time.
Lawyers for the sheriff didn't immediately return calls for comment on the possible civil contempt hearing.
Dan Pochoda, senior counsel for the Arizona ACLU, said Friday that Arpaio's office could face sanctions or fines for not following court orders and "fines to deter future bad acts and fines to compensate anyone permanently harmed" in the racial-profiling cases. |
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High court rejects military contractors appeals
Headline News |
2015/01/20 20:25
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The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.
The justices offered no comment in allowing the lawsuits to proceed.
One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.
Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.
The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.
The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims. |
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