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Monday’s Undecisions

The big news of course on Monday was the Supreme Court’s per curiam opinion in Zubik v. Burwell (and other consolidated cases) that decided nothing but encouraged the two sides to reach a compromise.

The other case left hanging is Spokeo v. Robins. In a 6-2 opinion the Court asked the Ninth Circuit to take another look at the “concreteness” of the harm to Thomas Robins when Spokeo.com posted inaccurate information about him.

Posted in Opinions, Supreme Court Tagged with: , , , , , ,

Little Sisters And The Supremes

I wish there were a photo directory of the U.S. Conference of Catholic Bishops. I could have have used it yesterday when the Supreme Court heard arguments in Zubik (as in Bishop Zubik) v. Burwell, the case challenging ACA contraception coverage. In the courtroom before the Justices came to the bench I sketched who I thought was Cardinal Wuerl, but later in the pressroom googling his image I realized I had the wrong bishop. I had instead limned the likeness of Bishop Persico of Erie, Pennsylvania.

At least I recognized the Little Sisters of the Poor as they gathered in the Court’s cafeteria.

Below are my sketches from the argument.  You can read Lyle’s analysis here.

Posted in Arguments, Supreme Court Tagged with: , , , ,

Alito’s Day, But Ginsburg Has The Last Word

There was a long line and demonstrators, both pro-choice and pro-life (though no pro or anti-union for the Harris case that I could see) outside the Supreme Court this morning on the last decision day of the term.

Inside the courtroom the press was there in full force; retired Justice Stevens was seated on the opposite side in the VIP section; the section for members of the bar never quite filled up, but there were plenty of spectators.

The bleached faux-hawk in the public section caught my attention. I was told these visitors are teachers attending the Supreme Court Summer Institute.

Justice Alito had both opinions for the last day, Hobby Lobby and Harris v. Quinn. He started with Harris in which the Court ruled that “partial public employees” such as homecare  workers paid under Medicaid that do not belong to the union representing public employees do not have to pay a fee to the union to support collective bargaining.

Alito’s second opinion, Burwell v. Hobby Lobby, drew the most attention. The decision gives for-profit family owned corporations the same rights as persons under The Religious Freedom Restoration Act of 1993 (RFRA) which prohibits “Government [from] substantially burden[ing] a person’s exercise of religion . . ” Two family owned Christian businesses, Hobby Lobby and Conestoga Wood Specialities appealed under RFRA because they objected to the requirement under Obamacare that cover the costs of certain contraceptives for their employees.

Justice Ginsburg dissented. “The court forgets that religious organizations exist to serve a community of believers,” she wrote. “For-profit corporations do not fit that bill.”

 

Posted in Opinions, Supreme Court Tagged with: , , , , , ,

Hobby Lobby and Conestoga Wood Specialities

Supporters lined up behind the owners of two family owned businesses, Anthony Hahn, second from right, and Dave Green, far right, on the lower level of the Supreme Court building this morning. They were waiting to hear arguments in two cases concerning Obamacare’s required contraceptive coverage by for-profit employers. Hobby Lobby and Conestoga Wood Specialities both embrace Christian principles that cause them to object to forms of contraception that they believe are tantamount to abortion.

It’s been a long day of lively arguments, lots of drawings, and even a little bit of snow, so forgive me if I forgo further comments and simply post the day’s sketches. There are links at the bottom to reporting on the arguments.

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Lyle Denniston’s argument recap here.

NYT story here.

WaPo story here.

And a must-read from Dahlia Lithwick here.

 

 

 

Posted in Arguments, Supreme Court Tagged with: , , , , ,
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