Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘D.C. Circuit Court of Appeals’

… You Figure that They would have Learned by Now [#EEOC][#disparate impact]…

Posted by paulfromwloh on Saturday,August 20th,2016

.. it appears not ..

.. in a surprising 7 – 3 decision at the D.C. Appeals Circuit , the E.E.O.C. was told to take its ” disparate impact ” theory of legal interpretation , and go home and stuff it in the cushion ..

.. [h/t — m.NationalReview.com]..
.. [link] to the blog post ..

.. E.E.O.C. wanted to apply disparate impact to employers ‘ use of criminal background checks . What they tried to argue was that the use of this had an undue [or disparate] impact on minorities [blacks and Hispanics] ..

.. so what did the D.C. Circuit tell them ?? Go stuff it .. not only that , but it slapped the E.E.O.C. with a levy of $4 million in legal fees for those of the attornyies of the affected businesses …

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… The Good Guys Strike Back [#SCOTUS][#exec overreach]…

Posted by paulfromwloh on Thursday,February 25th,2016

.. POTUS  acts as if he is a power unto himself . He is  so damn arrogant that he does not seem to realize that there are limits to executive power . POTUS is not , as the Latinos call it , a caudillo , whose own word is law . He is a law unto himself . Un – uh . Our nation and our Constitution do not work that way ..

.. POTUS is the head of the Executive Branch . He / she is the head of one of three co – equal branches . If one branch [the Executive] starts to get too big for their britches , then one or both of the other two branches can and will strike back ..the blog post …

.. In this case , it is SCOTUS who has struck back , and handed the E.P.A. a stunning loss . It still applies , even with the death of Associate Justice Antonin Scalia ..

.. [h/t — Newsmax.com]..
.. [link] to the blog post ..

.. The E.P.A. has proposed what is known as the ” CleaN Power Plan . ” The plan is nothing more than a gigantic gross regulatory overreach into al of our lives . It also allows the OC to implement their Climate change plans by stealth , anD NOT BY LAW . wEll , the courts are having nothing of it .>

.. SCOUTS saw this COMing . It also saw a OC – stuffed dc appeals circuit that ould play aournd with the plan so that Scotus COULD not get its hands on it . WEll ,, SCOTUS saw right thru that stunt , and slapped down the D.C. Circuit , as well as the O.C. ..

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… Dummies , the Point is Religious Freedom [#accomodation][#religious freedom]…

Posted by paulfromwloh on Saturday,November 14th,2015

.. the 7th Circuit is highly libertarian , and the D.C. Circuit has [for now] gone totally loonie – leftie with Dingy Harry Reid ‘ s court – stuffing stunt ..

.. neither one seems to get the point , though . The point is that the filling out of the HHS form is a substantial burden on the religious order ‘ s freedom of religion , dummies ….

.. [h/t — HotAir.com]..
.. [link] to the blog post …

.. D.C. Appeals Court Judge Janice Rogers – Brown [a future GOP Supreme Court justice nominee] puts it very well in her stinging dissent , exceprted here …

This seems to miss an obvious causal step: the “mandate on insurers” at issue here is not merely a general ACA requirement to provide contraception coverage, but a series of cost-sharing mandates that are not triggered unless the religious groups fill out the form. In a powerful dissent, Judge Janice Rogers Brown explains why this is nonsense:

[T]his case is not “paradoxical” because Plaintiffs object to regulatory requirements the government intended as a religious accommodation. That the government’s expressed intent in enacting the regulations at issue was to allay religious adherents’ concerns about the contraception mandate is not determinative of the ultimate question of whether Plaintiffs were in fact accommodated. Where the government imposes a substantial burden on religious exercise and labels it an “accommodation,” that burden is surely as distressing to adherents as it would be if imposed without such a designation. Therefore, heightened skepticism is not appropriate. We should look at Plaintiffs’ claims as we would any RFRA claim. After all, in the substantial burden analysis, the government’s motivations— no matter how benevolent—are irrelevant; we ask only whether the government’s action operates to place “substantial pressure on an adherent to modify his behavior and to violate his beliefs.”

[…]

Plaintiffs identify at least two acts that the regulations compel them to perform that they believe would violate their religious obligations: (1) “hiring or maintaining a contractual relationship with any company required, authorized, or incentivized to provide contraceptive coverage to beneficiaries enrolled in Plaintiffs’ health plans,” Pet. for Reh’g En Banc at 3; and (2) “filing the self-certification or notification,” id. at 4. Plaintiffs have therefore shown both that they are being compelled to modify their behavior and that, if undertaken, the modification would be a violation of their religious beliefs.

[…]

The panel did not dispute that federal law operates to compel Plaintiffs to maintain a relationship with an issuer or TPA that will provide the contraceptive coverage and to execute the self-certification or alternative notice. Their disagreement with Plaintiffs is about the significance of those compelled acts; in other words, the panel rejected the “adherents’ claim about the religious meaning of the undisputed operation of [] federal regulation[s].”

.. you can count on this one going before the Supremes . SCOTUS will not be able to avoid it . The Court could even be down one justice , though . Why ? ..

.. I think that Associate Justice Ruth Bader Ginsberg is slowly dying . Especially since she has already escaped pancreatic cancer once [already] , she is living on borrowed time . She wants to do as much damage as she still can while she still lives . However , I am betting [especially with Chuck Grasseley in charge of the Senate Judiciary Cmte] that …. His Lordship will try to push thru a radical leftist as her replacement , and the GOP – controlled Senate will have nothing of it …

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