Live blog of opinions | June 30, 2014
3rd & 7 37yd
3rd & 7 37yd
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Did the Court decide this case together with Conestoga Wood? I'm confused as to how the two fit together.
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Where can I find your symposium on this case, when it starts?
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So for Harris v. Quinn Abood did not apply to home health care workers? But, Unions still can collect dues legally from full time state employees?
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I previously wrote that the Court's opinion seemed bad news for the non-profits objecting to having to certify their objection. To be clear, however, the Court specifically says it is not deciding that question.
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The Harris v Quinn decision has a strong rebuke of the Abood decision, despite not entirely overturning it. When is the soonest we might see another case that would cause the justices to take that extra step?
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With respect to implications for other kinds of religious-based discrimination, the Court writes that racial discrimination in hiring will not be permitted under RFRA because "The Government has a compelling interest in providing equal opportunity to participate in the workforce without regard to race, and prohibitions on racial discrimination are precisely tailored to acheive that critical goal." Note that this leave open the question of whether the Government has a similarly compelling interest in preventing discrimination on the basis of sex or sexual orientation.
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Wanted to say thanks for your work on this blog. For people who are not lawyers you make it fun. Best place to hang on decision days.
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Is it the personal decision of a dissenting justice to read from the bench?
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The Court also makes clear that there is no RFRA basis for getting out of paying income or social security taxes.
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Any more on the content of Ginsburg's dissent? Or the attitude with which she delivered it?
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The buzzer just sounded, suggesting that the Court has adjourned. Will confirm with Lyle.
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The Court has now adjourned until the first Monday in October. There will be orders tomorrow at 9:30, however, on final cases considered.
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How does this outcome affect Mardel the Christian book store they also own?
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Will the Harrs v Quinn decision affect other state homecare programs?
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Very interesting blog! Random question: Who is allowed in the courtroom on decision days? Invite only? Who gets an invite? Press allowed with audio recorders?
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Impressive that this blog handled the massive influx of readers without so much as a slowdown. Great job!
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For purists, it is important to note that this case was decided purely on statutory grounds (RFRA) and Alito closes the opionion of the Court by noting that they are not reaching the First Amendment claims raised by Hobby Lobby.
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Will the court issue orders tomorrow on ALL the petitions that are noted as "relisted for another conference" under the Petitions link of this website?
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Any insight into how such an important opinion wound up with the junior justice in the majority?
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On a quick read, the Hobby Lobby decisions raises two important follow-up questions for future cases: (1) Whether HHS has the legal authority to now extend the non-profit exemption regime to closely held corporations (if it doesn't, that would suggest that the women employed by those companies may end up without coverage); and (2) whether RFRA protects objecting corporations from even certifying their objection (thereby triggering alternative coverage for the employees), which is the question that is pending in other cases working their way to the Court in the context of non-profit companies.
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Is this really that important of a case outside of the specific issue of employer-required contraception? It seems like the court went out of its way to say it does not apply to many other areas.
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Will there be a Live Blog of orders tomorrow at 9:15?
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I'm just curious, what happens when a corporation states that hiring minorities is against the owner's religion?
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What's the effect of Harris v. Quinn on teacher's unions?
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Can the law remain enforceable with the provision removed requiring payment of abortive birth control?
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Can someone please elaborate on possible impact for religious non-profit cases?
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So, if RFRA was repealed, then employers would no longer be able to deny birth control coverage?
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So the collection of union dues for teachers and other unions in NYS remain the same regardless of the Harris v. Quinn decision?
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What does the Court's decision in Hobby Lobby do to the concept of the "corporate veil" as a protection from liability for corporate owners if the religious beliefs of the owners can be ascribed to the corporation?
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Correct or incorrect?:Sex discrimination is intermediate scrutiny, which means it is less than a "compelling" interest. Defeating RFRA (where there is substantial burden on sincere religious belief)
requires a compelling interest. Therefore, while RFRA doesn't stop race discrimination, it could stop sex discrimination and other intermediate/rational basis discrimination? -
Will the Court be releasing another set of orders tomorrow? As I recall they send out a sort of "clean up" list addressing cert petitions the day after the final sitting.