Lawyer Blog Post 2015/07/15 23:10
The federal health care law doesn't infringe on the religious freedom of faith-based nonprofit organizations that object to covering birth control in employee health plans, a federal appeals court in Denver ruled Tuesday.
The case involves a group of Colorado nuns and four Christian colleges in Oklahoma.
Religious groups are already exempt from covering contraceptives. But the plaintiffs argued that the exemption doesn't go far enough because they must sign away the coverage to another party, making them feel complicit in providing the contraceptives.
The 10th Circuit Court of Appeals disagreed. The judges wrote that the law with the exemption does not burden the exercise of religion.
"Although we recognize and respect the sincerity of plaintiffs' beliefs and arguments, we conclude the accommodation scheme ... does not substantially burden their religious exercise," the three-judge panel wrote.
The same court ruled in 2013 that for-profit companies can join the exempted religious organizations and not provide the contraceptives. The U.S. Supreme Court later agreed with the 10th Circuit in the case brought by the Hobby Lobby arts-and-crafts chain.
Legal Insight 2015/07/14 23:10
A Pakistan court granted bail Tuesday to a top model Ayaan Ali, who has been held since March after being caught trying to fly to Dubai with half a million dollars in cash stashed in her luggage, her lawyer said.
In a televised comment, defense lawyer Latif Khosa said the Lahore High Court granted bail to Ali after hearing arguments from both sides.
He said they had started the paperwork for the release of Ali, who has been the focus of Pakistani media's attention since authorities nabbed her at the VIP lounge of Islamabad's airport. Under Pakistani laws, no one can carry over $10,000 on a flight, but authorities found $506,800 tucked into her luggage.
It was unclear when the model would be freed. Ali is being held at a prison in the garrison city of Rawalpindi.
Usually, lawyers take one to two days to complete paperwork to get their clients released.
Court News 2015/07/10 15:58
An Ohio appeals court has stopped authorities in a predominantly black suburb from prosecuting five white Cleveland police supervisors for failing to stop a chase that ended with two black suspects being killed in a 137-shot barrage of police gunfire in November 2012.
The appellate court's ruling puts a case in East Cleveland against the supervisors on hold. The East Cleveland prosecutor last week filed misdemeanor dereliction-of-duty charges against the supervisors that were identical to charges filed in county court in May 2014. Attorneys for the supervisors filed a complaint Wednesday to get the new charges dropped.
A hearing scheduled for Friday in East Cleveland Municipal Court has been canceled. The supervisors' trial in county court is scheduled to begin July 27. East Cleveland is 93 percent black.
Legal Insight 2015/07/09 15:58
A U.S. appeals court has upheld a federal plan limiting pollution in the Chesapeake Bay despite objections from farmers who accuse the Environmental Protection Agency of abusing its power.
The ruling Monday upholds restrictions on farm and construction runoff and wastewater treatment and is a clear win for environmentalists.
Six states have agreed to the pollution limits: Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, along with Washington, D.C.,
The American Farm Bureau Federation and others fought the restrictions. They argued that the EPA was usurping state authority to regulate waterways.
The EPA says animal waste and fertilizer that moves from streams into the Chesapeake is the single largest source of bay pollution.
Third Circuit Judge Thomas Ambro says Chesapeake Bay pollution is a complex problem that affects more than 17 million people.
Legal Business 2015/07/08 15:58
A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.
The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.
"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.
The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.
Gay couples have won battles in other states.
Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.
Legal Insight 2015/07/06 14:31
A Minnesota volunteer firefighter was suspended Sunday for flying a Confederate flag from an engine that he drove in a holiday parade, and he said he expects to be asked to resign.
Brian Nielsen, 43, drove a Hartland Fire Department truck in the Third of July Parade in the southern Minnesota city of Albert Lea, the Albert Lea Tribune first reported. Nielsen, who's been with the department for about 10 years, flew both the Confederate and American flags from the back of the truck. He said neither his town nor his department had anything to do with it.
Nielsen said he's not for slavery, but did it because he was fed up with political correctness.
"It was my decision and I didn't think it was going to be a big deal, but boy was I wrong," Nielsen told The Associated Press.
He said Hartland Fire Chief Trent Wangen suspended him Sunday pending an investigation.
"More than likely I'll probably be asked to step down," Nielsen said. "I respect that and will do that if they want."
The killings of nine people at a historically black South Carolina church last month have sparked debate nationwide about the appropriateness of displaying the Confederate flag. The man charged in the shooting deaths had posted photographs of himself with the flag on social media.
Nielsen said he didn't think flying the flag would draw as much flak as it has. It's been the subject of critical tweets and Facebook postings. He said a woman wearing a Democratic-Farmer-Labor Party patch came up to him and criticized the flag before the parade, but other spectators stood up and clapped as the truck flying both the U.S. and Confederate flags passed by.
Friday's parade was organized by the Albert Lea Chamber of Commerce. Its executive director, Randy Kehr, said the display was "unfortunate" but within the firefighter's rights. He told the Star Tribune of Minneapolis he didn't know ahead of time that the truck would carry the Confederate flag, and probably would have respectfully asked Nielsen not to fly it if he had known.