the panel, but given that there
is no obvious circuit conflict to resolve, it's tempting to speculate
that it took the case to reverse. But there are a range of ways to
reverse, and, Citizens United notwithstanding, perhaps the Court will
choose to write narrowl
c85fc-d078-52b6-a21e-72b95cb2f0bb.html
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University 954.262.6151 (voice)
masin...@nova.edu954.262.3835 (fax)
Qu
rsity that provided that benefit would not violate the
first amendment, especially post Zelman.
Mike
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University 954.262.6151 (voice)
masin..
crimination as defined to include
pregnancy could be carried out in a less restrictive manner. If so,
and if denying coverage is sex discrimination, then I agree RFRA will
matter.
Mike
Michael R. Masinter 3305 College Avenue
Professor of Law
noted earlier, that still leaves
the question of whether preventing the burden of pregnancy falls
within the intended scope of the PDA, but answering that question does
not hinge whether men can use contraceptives, prescription or otherwise.
Michael R. Masinter 3305
that have considered it, and that is the question of whether
denying coverage for prescription birth control pills is sex
discrimination.
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern Unive
such a choice is one an
employer can make and impose on its employees is part of what sets
health care in the United States apart from most of the developed
world. I leave to a more appropriate thread the discussion of whether
that's a bug or a feature.
Michael R
was intended to relieve
women from bearing under employer provided health insurance and other
employee benefit programs might better frame the question a court
ultimately will have to answer.
Michael R. Masinter 3305 College Avenue
Professor of Law
scrimination because of sex prohibited by
Title VII after enactment of the PDA is interesting, but whatever the
answer is, it would seem unlikely to rest on the holding of GE v.
Gilbert.
Michael R. Masinter 3305 College Avenue
Professor of Law
I'm delighted to learn that we can count on the Becket Fund to assist
the ACLU in our recurring litigation against public schools that use
science classes to teach religious doctrine.
Michael R. Masinter 3305 College Avenue
Professor of Law
I think the first question the lawsuit raises is whether 42 U.S.C.
ยง 300a7(c) creates an implied private cause of action. The Supreme
Court has not exactly been receptive in recent years to recognizing
implied causes of actions arising from spending clause statutes.
Michael R. Masinter
nek's claim for tortious interference. I appreciate and
concur in the quibble; I just can't make it fit the particulars of
this case.
Mike
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeas
?
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University 954.262.6151 (voice)
masin...@nova.edu954.262.3835 (fax)
Quoting Rick Duncan :
Even if the ministerial
done so), but I think her opinions treat the no endorsement rule
as liberty protecting, and at one time her view enjoyed the support of
several justices. Whether it survives is, of course, a matter still
to be seen.
Michael R. Masinter 3305 College Avenue
P
arger culture war, see
http://secularright.org/wordpress/?p=1724
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University 954.262.6151 (voice)
masin...@nov
the burden
of death on a child. To paraphrase a better writer, a homicide by any
other name would smell as sour.
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University 954.262.6
quirements, as murky as they are. I have since
read the USDA motion to dismiss; not suprisingly, like thousands of
post Twombly motions to dismiss, it makes that very argument.
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Laude
s Michigan waived that aspect of its eleventh amendment immunity?
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University 954.262.6151 (voice)
[EMAIL PROTECTED]95
RFRA applies because Michigan is acting as a puppet of USDA even
though USDA regs explicitly make participation in any federal
identification program optional seems at first glance to be a stretch.
Michael R. Masinter 3305 College Avenue
Professor of Law
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