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Court: Some employers can refuse to offer free birth control
Court and Trial |
2020/07/07 12:07
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The Supreme Court ruled broadly Wednesday in favor of the religious rights of employers in two cases that could leave more than 70,000 women without free contraception and tens of thousands of people with no way to sue for job discrimination.
In both cases the court ruled 7-2, with two liberal justices joining conservatives in favor of the Trump administration and religious employers.
In the more prominent of the two cases, involving President Barack Obama’s health care overhaul, the justices greenlighted changes the Trump administration had sought. The administration announced in 2017 that it would allow more employers to opt out of providing the no-cost birth control coverage required under the law, but lower courts had blocked the changes.
The ruling is a significant election-year win for President Donald Trump, who counts on heavy support from evangelicals and other Christian groups for votes and policy backing. It was also good news for the administration, which in recent weeks has seen headline-making Supreme Court decisions go against its positions.
In one of those earlier cases, the court rejected Trump’s effort to end legal protections for 650,000 young immigrants. In another, the justices said a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment.
Another particularly important decision for Trump is ahead. The justices are expected to announce Thursday whether Congress and the Manhattan district attorney can see the president’s taxes and other financial records he has fought to keep private.
In its second big ruling on Wednesday, the court sided with two Catholic schools in California in a decision underscoring that certain employees of religious schools can’t sue for employment discrimination. |
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Town court in southern Nevada closes due to coronavirus
Lawyer World News |
2020/07/05 12:08
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A town court in southern Nevada was closed Tuesday after officials said several workers were exposed to a person who tested positive for the new coronavirus.
The two judges in the Nye County community of Pahrump issued an order saying all staff members will be tested Wednesday for COVID-19, and no in-person hearings will be held at the courthouse.
Pahrump Justice Court will continue to conduct initial appearances, bail hearings and arraignments with detainees and attorneys appearing by telephone or video conference.
Applications for protective orders can be made by internet or at the Nye County sheriff’s office.
The court in the community about 60 miles (96.5 kilometers) west of Las Vegas also closed for several days in April after an employee tested positive and other workers were exposed to the virus.
The court order said officials anticipate reopening after staff members have tested negative.
State health officials report that more than 22,000 people have tested positive for the virus statewide and at least 537 have died.
For most people, the virus causes mild or moderate symptoms for up to three weeks. Older adults and people with existing health problems can face severe illness and death. The vast majority recover. |
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High court won't hear abortion clinic 'buffer zone' cases
Lawyer World News |
2020/07/02 21:50
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The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clinics.
The justices said in a written order that they would not hear cases from Chicago and Harrisburg, Pennsylvania, where anti-abortion activists had challenged ordinances that restrict their behavior outside clinics.
As is usual, the justices did not comment in turning away the cases. The order from the court noted Justice Clarence Thomas would have heard the Chicago case.
The Supreme Court has since the late 1990s heard several cases involving demonstration-free zones, called buffer zones, outside abortion clinics. Most recently, in 2014, the justices unanimously struck down a law that created a 35-foot protest-free zone outside Massachusetts abortion clinics. The court said Massachusetts’ law, which made it a crime to stand in the protest-free zone for most people not entering or exiting the clinic or passing by, was an unconstitutional restraint on the free-speech rights of protesters.
On Thursday, one of the two cases the court declined to take up involved an ordinance passed by the city counsel in Harrisburg, Pennsylvania's capital, in 2012 that made it illegal to “congregate, patrol, picket or demonstrate” in a zone 20 feet from a health care facility. Anti-abortion activists sued, arguing that the ordinance violates their free speech rights. Lower courts have upheld the ordinance, however, ruling it doesn't apply to “sidewalk counseling,” where individuals who oppose abortion offer assistance and information about alternatives to abortion to those entering a clinic. |
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Courts straining to balance public health with public access
Court and Trial |
2020/06/28 12:41
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After her son was arrested for allegedly throwing rocks at police during a protest over racial injustice, Tanisha Brown headed to the courthouse in her California hometown to watch her son's arraignment.
She was turned away, told the courthouse was closed to the public because of coronavirus precautions. A day later, the Kern County Superior Court in Bakersfield posted a notice on its website explaining how the public could request special permission from judicial officers to attend court proceedings.
But problems with public access have persisted, according to a federal lawsuit filed Friday on behalf of Brown and several others who have been unable to watch court sessions.
The situation in Kern County highlights the challenges courts across the U.S. are facing as they try to balance public health protections with public access to their proceedings amid the COVID-19 outbreak.
The U.S. Constitution guarantees the right to a public trial, but some courts have held arraignments and other pretrial hearings without the public watching or listening. In some cases, the public had no means of participating. In other cases, the defendant's family members, friends or other interested residents weren't aware how to gain access to special video feeds.
"The courtrooms are supposed to be fully public, anybody who’s interested is supposed to be able to watch, and they have not been doing that,” said Sergio De La Pava, legal director of New York County Defender Services, a nonprofit public defenders office in Manhattan. |
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Supreme Court doesn’t wade into Texas mail-in voting battle
Law Firm Legal News |
2020/06/25 12:42
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The U.S. Supreme Court on Friday rejected a request by Texas Democrats to allow all of the state’s 16 million registered voters to vote by mail during the coronavirus pandemic.
The denial is not the end of the ongoing battle over mail-in voting in Texas, but it remains a loss for Democrats who made the emergency ruling request while the original case is tied up at the 5th U.S. Circuit Court of Appeals.
Justice Sonia Sotomayor urged the lower court to consider the case “well in advance of the November election.” Voting by mail in Texas is generally limited to those 65 or older or those with a “sickness or physical condition” that prevents voting in person.
For months, Republican Texas Attorney General Ken Paxton has fought expanding mail-in balloting during the pandemic, saying fear of contracting the virus is an insufficient reason. A federal judge in Texas sided with Democrats in May, but that decision is on hold pending appeal.
Early voting in Texas begins Monday for primary runoff elections that had been postponed to July over coronavirus fears, but Texas is now one of the nation’s coronavirus hotspots as confirmed cases reach record levels and Gov. Greg Abbott reimposes restrictions.
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