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US Supreme Court denies Nevada church’s appeal of virus rule
Law Firm Blog News |
2020/07/24 12:53
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A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.
In a 5-4 decision, the high court refused to grant the request from the Christian church east of Reno to be subjected to the same COVID-19 restrictions in Nevada that allow casinos, restaurants and other businesses to operate at 50% of capacity with proper social distancing.
Calvary Chapel Dayton Valley argued that the hard cap on religious gatherings was an unconstitutional violation of its parishioners’ First Amendment rights to express and exercise their beliefs.
Chief Justice John Roberts sided with the liberal majority in denying the request without explanation.
Three justices wrote strongly worded dissenting opinions on behalf of the four conservatives who said they would have granted the injunctive relief while the court fully considers the merits of the case.
“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing,” Justice Samuel Alito wrote in a dissent joined by Clarence Thomas and Brett Kavanaugh.
“We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility,” Alito said. “The Constitution guarantees the free exercise of religion. It says nothing about freedom to play craps or blackjack, to feed tokens into a slot machine or to engage in any other game of chance.”
Kavanaugh also wrote his own dissent, as did Justice Neil Gorsuch, who said today’s world “with a pandemic upon us, poses unusual challenges.”
“But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel,” Gorsuch wrote.
David Cortman, senior counsel for Georgia-based Alliance Defending Freedom representing the church, said in an email sent to The Associated Press late Friday that they were disappointed in the ruling but will continue to work to protect Calvary Chapel and others “from discriminatory policies that put religious groups at the back of the line for reopening.”
“When the government treats churches worse than casinos, gyms, and indoor amusement parks in its COVID-19 response, it clearly violates the Constitution,” he said.
The governor’s office didn’t immediately respond to a request for comment. |
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Big Oil loses appeal, climate suits go to California courts
Law Firm Blog News |
2020/05/26 11:31
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Big Oil lost a pair of court battles Tuesday that could lead to trials in lawsuits by California cities and counties seeking damages for the impact of climate change.
The 9th U.S. Circuit Court of Appeals rejected arguments by energy companies and ruled state courts are the proper forum for lawsuits alleging producers promoted petroleum as environmentally responsible when they knew it was contributing to drought, wildfires, and sea level rise associated with global warming.
The lawsuits claim Chevron, Exxon Mobil, ConocoPhillips, BP, Royal Dutch Shell and other companies created a public nuisance and should pay for damage from climate change and help build sea walls and other infrastructure to protect against future impact ? construction that could cost tens of billions of dollars.
The ruling overturned a decision by one federal judge, who had tossed out lawsuits brought by the cities of San Francisco and Oakland.
“It is time for these companies to pay their fair share,” San Francisco City Attorney Dennis Herrera said in a statement applauding the ruling. “They should not be able to stick taxpayers with the bill for the damage they knew they were causing. We will continue to hold these companies accountable for their decades-long campaign of public deception about climate change and its consequences.”
While the rulings were victories for the coastal counties and cities ? all in the San Francisco Bay Area except for the tiny city of Imperial Beach in San Diego County ? and cheered by environmental groups, it could take years before they ever get to a jury, if they make it that far.
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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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