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Ginsburg, from hospital, joins in on 'Obamacare' arguments
Law Firm Blog News |
2020/05/07 09:52
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The Supreme Court heard arguments Wednesday in a dispute involving Trump administration rules that would allow more employers who cite a religious or moral objection to opt out of providing no-cost birth control to women.
With arguments conducted by telephone because of the coronavirus pandemic, Justice Ruth Bader Ginsburg joined in from the Maryland hospital where she was being treated for an infection caused by a gallstone. The court said she expected to be in the hospital for a day or two.
Justice Clarence Thomas kept up his streak of asking questions, a rarity for him, during the third day of phone arguments, with live audio available to the public.
The case stems from the Obama-era health law, under which most employers must cover birth control as a preventive service, at no charge to women in their insurance plans.
Under the Affordable Care Act, the Obama administration exempted houses of worship, such as churches, synagogues and mosques, from the requirement. It created a way by which religiously affiliated organizations including hospitals, universities and charities could opt out of paying for contraception, but women on their health plans would still get no-cost birth control. Some groups complained the opt-out process violated their religious beliefs.
Trump administration officials in 2017 announced a rule change that allows many companies and organization with religious or moral objections to opt out of covering birth control without providing an alternate avenue for coverage. The rules were finalized in 2018. The government has estimated that the change would impact approximately 70,500 women who would lose contraception coverage in one year as a result. |
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Dane County Judge Jill Karofsky wins state Supreme Court race
Law Firm Blog News |
2020/04/15 23:17
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Dane County Judge Jill Karofsky won a dominant victory in last week’s Wisconsin’s Supreme Court race, defeating Justice Dan Kelly after more than a week of high drama over whether the election should go on amid the COVID-19 pandemic.
The result was a major boost for liberals, who last year had their hopes of flipping the Supreme Court’s conservative majority in 2020 dashed when their candidate lost by a half-percentage point. They next have a chance to retake the majority in 2023 when Chief Justice Patience Roggensack, a member of the four-member conservative majority is up for re-election.
Karofsky’s win follows a flurry of executive and legal action to delay the election, which was set against a backdrop of coronavirus pandemonium and a surge in absentee voting.
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Carnival execs back in court on ocean pollution case
Law Firm Blog News |
2019/10/01 11:17
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Top Carnival Corp. executives are due back in court to explain what the world's largest cruise line is doing to reduce ocean pollution.
A hearing is set Wednesday in Miami federal court for an update on what steps Carnival is taking. Chairman Micky Arison, who also owns the Miami Heat, and CEO Arnold Donald are both expected to be there.
Earlier this year, Carnival admitted violating probation from a 2016 criminal pollution case as its ships continued to cause environmental harm around the world since then and was hit with a $20 million penalty. That comes on top of a $40 million fine imposed in the original case.
Carnival operates more than 100 ships across its nine cruise brands and sails to more than 700 destinations.
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Kenya's Judges Uphold Laws That Criminalize Gay Sex
Law Firm Blog News |
2019/05/26 18:42
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Kenya's High Court has chosen to uphold colonial-era laws that criminalize gay sex, dashing the hopes of activists who believed the judges would overturn sections of the penal code as unconstitutional and inspire a sea change across the continent.
Three judges said Friday that the laws in question did not target the LGBTQ community. They were not convinced that people's basic rights had been violated, they said.
"We are not persuaded by the petitioners that the offenses against them are overboard," one of the judges said, according local media.
The case stems from to a petition filed in 2016 by activist Eric Gitari, with the support of organizations serving LGBTQ Kenyans. They argued that two sections of Kenya's penal code violated people's rights: Article 162 penalizes "carnal knowledge ... against the order of nature" with up to 14 years in prison, and Article 165 castigates "indecent practices between males" with the possibility of five years' imprisonment. |
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Wisconsin court says gun site not liable in spa shooting
Law Firm Blog News |
2019/04/28 11:01
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The state Supreme Court dismissed a lawsuit Tuesday alleging a firearms website that enabled a man to illegally purchase the pistol he used in a mass shooting at a suburban Milwaukee spa six years ago is liable in the killings, ruling that federal law grants the site operators immunity.
The court ruled 5-1 that the federal Communications Decency Act protects Armslist LLC, a firearms classifieds website. The act absolves website operators of any liability resulting from posting third-party content.
Radcliffe Haughton’s wife, Zina Daniel Haughton, had taken out a restraining order against him that prohibited him from possessing a firearm. But he bought a semi-automatic pistol and ammunition in October 2012 from a person he met through Armslist.com, according to court documents.
The next day he opened fire at Azana Salon & Spa in Brookfield, where his wife worked. He killed her, two of her co-workers and wounded four others before he took his own life.
According to court documents, Haughton used an Armslist.com function that allowed him to bypass ads from licensed dealers, enabling him to avoid a background check.
The lawsuit filed in 2015 alleged Armslist’s operators should have known that the design of the site enabled illegal gun purchases. But Chief Justice Pat Roggensack, writing for the majority, said Tuesday that if a website’s features can be used lawfully the act immunizes the operators from liability when third parties use the sites unlawfully. Therefore all that’s left is to consider the site a publisher, triggering immunity under the act, she said.
“Regardless of Armslist’s knowledge or intent, the relevant question is whether (the) claim necessarily requires Armslist to be treated as the publisher or speaker of third-party content,” Roggensack wrote. “Because it does, the negligence claim must be dismissed.”
Justice Ann Walsh Bradley was the lone dissenter. She accused the majority of allowing Armslist to hide behind the federal law and called the decision a “manufactured interpretation” of the lawsuit’s arguments. |
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