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Supreme Court Will Take up New Health Law Dispute
Legal Focuses |
2013/11/29 17:52
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The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees.
The justices said they will take up an issue that has divided the lower courts in the face of roughly 40 lawsuits from for-profit companies asking to be spared from having to cover some or all forms of contraception.
The court will consider two cases. One involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees. Hobby Lobby won in the lower courts.
The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected the company's claims.
The court said the cases will be combined for arguments, probably in late March. A decision should come by late June.
The cases center on a provision of the health care law that requires most employers that offer health insurance to their workers to provide a range of preventive health benefits, including contraception.
In both instances, the Christian families that own the companies say that insuring some forms of contraception violates their religious beliefs.
The key issue is whether profit-making corporations can assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose. Nearly four years ago, the justices expanded the concept of corporate "personhood," saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do.
"The government has no business forcing citizens to choose between making a living and living free," said David Cortman of the Alliance Defending Freedom, the Christian public interest law firm that is representing Conestoga Wood at the Supreme Court. |
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Czech fugitive appears in South African court
Legal News |
2013/11/25 22:23
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A South African court has ordered that a Czech fugitive arrested on charges of attempted murder and kidnapping be transported to a hospital.
Lawyers for Radovan Krejcir say he could suffer kidney failure if he doesn't get medical attention. They have also accused police of abusing Krejcir; police deny the allegation.
Krejcir appeared briefly in a court on Monday. Eyewitness News, a South African media outlet, says his application for bail has been postponed to next week.
The suspect has been linked to underworld figures in Johannesburg and local media have reported the killings of several of his associates in recent weeks.
Krejcir was sentenced in his country last year to 11 years in jail for tax fraud. |
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Wind energy firm pleads guilty to eagle deaths
Court Watch |
2013/11/25 22:23
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The government for the first time has enforced environmental laws protecting birds against wind energy facilities, winning a $1 million settlement from a power company that pleaded guilty to killing 14 eagles and 149 other birds at two Wyoming wind farms.
The Obama administration has championed pollution-free wind power and used the same law against oil companies and power companies for drowning and electrocuting birds. The case against Duke Energy and its renewable energy arm was the first prosecuted under the Migratory Bird Treaty Act against a wind energy company.
"In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths," Robert G. Dreher, acting assistant attorney general for the Justice Department's Environment and Natural Resources Division, said in a statement Friday.
An investigation by The Associated Press in May revealed dozens of eagle deaths from wind energy facilities, including at Duke's Top of the World farm outside Casper, Wyo., the deadliest for eagles of 15 such facilities that Duke operates nationwide. The other wind farm included in the settlement, Campbell Hill, is northwest of Casper. |
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International court summit debates Africa issues
Court Line |
2013/11/22 17:29
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The International Criminal Court's vexed relationship with Africa took center stage Wednesday on the opening day of the annual summit of its 122 member states.
The prosecutions of Kenya's president and his deputy have plunged relations between the world's first permanent war crimes court and the African Union to the deepest point in the court's 12-year history.
Kenyan Deputy President William Ruto is on trial for allegedly fomenting violence in the aftermath of his country's 2007 elections, and President Uhuru Kenyatta is due to go on trial in February on similar charges. Both men insist they are innocent.
"The court is facing a test of its veracity and its effectiveness," Kenya's Foreign Affairs Minister Amina Mohamed told delegates. "This meeting must come up with practical solutions to the challenges facing the court and the entire Rome Statute system."
The Rome Statute is the court's founding document, and one of its provisions is that heads of state do not enjoy immunity from prosecution.
But the African Union argues that Ruto and Kenyatta's trials should be delayed because Kenya needs its leaders to help fight al-Shabab terrorists in neighboring Somalia and at home. |
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Supreme Court Refuses to Block Texas Abortion Law
Legal Focuses |
2013/11/22 17:29
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A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state's clinics to stop providing abortions.
The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.
The court's conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect. The four liberal justices dissented.
The case remains on appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. That court is expected to hear arguments in January, and the law will remain in effect at least until then.
Justice Stephen Breyer, writing for the liberal justices, said he expects the issue to return to the Supreme Court once the appeals court issues its final ruling.
The Texas Legislature approved the requirement for admitting privileges in July.
In late October, days before the provision was to take effect, a trial judge blocked it, saying it probably is unconstitutional because it puts a "substantial obstacle" in front of a woman wanting an abortion.
But a three-judge appellate panel moved quickly to overrule the judge. The appeals court said the law was in line with Supreme Court rulings that have allowed for abortion restrictions so long as they do not impose an "undue burden" on a woman's ability to obtain an abortion. Writing for the appeals court, Judge Priscilla Owen noted that the Texas law would not end the procedure, only force women to drive a greater distance to obtain one.
Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so "unless that court clearly and demonstrably erred," Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.
Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues. |
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