Re: North Carolina Magistrate Law

It looks like the sole named defendant is the State of North Carolina and a quick text search for "abrogate" or "consent" did not turn anything up. Am I overlooking something, or should we expect to see easy dismissal on sovereign immunity grounds absent the inclusion of a state official defenda

RE: Assessing a Proposed Solution to the KY Case

he office holder, who does. Whatever the Establishment Clause might say about the issue, the Kentucky RFRA analysis is clear -- only the office holder gets an exemption. Not the unit of government. On Wed, 16 Sep 2015 01:02:53 + "Walsh, Kevin" wrote: >Alan, > >

RE: Assessing a Proposed Solution to the KY Case

s. And it is this idea -- that the government authority vested in an office, a position, must comport with the religious beliefs of the official holding that office – that raises, at least in my judgment, Establishment Clause concerns. Alan From: religionlaw-boun...@lists.ucla.edu [mailto:religi

Re: Assessing a Proposed Solution to the KY Case

.ucla.edu> mailto:religionlaw-boun...@lists.ucla.edu>> on behalf of Walsh, Kevin mailto:kwa...@richmond.edu>> Sent: Monday, September 14, 2015 11:56 AM To: Law & Religion issues for Law Academics Subject: Re: Assessing a Proposed Solution to the KY Case Chip et al. — Perhaps e

Re: Assessing a Proposed Solution to the KY Case

erially differ from shifting responsibility directly to the deputy. But these things could presumably be worked out if people wanted them to be.] That looks like a long list of reasons not to accommodate Ms. Davis in the way you suggest -- with reason #1 (Establishment Clause violation) leading the

RE: Assessing a Proposed Solution to the KY Case

Thanks to Jim, Chip, Alan, and Marty for putting sharper points on objections to my proposed arrangement to get marriage licenses to couples by having the state operate around rather than through county clerks who hold Davis's beliefs. Jim says that my reference to school desegregation was a n

RE: What's happening in the Kim Davis case

aw Los Angeles, CA 90089-0071 U.S.A. From: mailto:religionlaw-boun...@lists.ucla.edu>> on behalf of "Walsh, Kevin" mailto:kwa...@richmond.edu>> Reply-To: Law & Religion issues for Law Academics mailto:religionlaw@lists.ucla.edu>> Date: Saturday, September 12

Re: What's happening in the Kim Davis case

ornia Gould School of Law Los Angeles, CA 90089-0071 U.S.A. From: mailto:religionlaw-boun...@lists.ucla.edu>> on behalf of "Walsh, Kevin" mailto:kwa...@richmond.edu>> Reply-To: Law & Religion issues for Law Academics mailto:religionlaw@lists.ucla.edu>> Date: Satur

RE: What's happening in the Kim Davis case

ng in the Kim Davis case Kevin Mason -- it is the Deputy County Clerk. On Sat, Sep 12, 2015 at 6:34 PM, Walsh, Kevin mailto:kwa...@richmond.edu>> wrote: What is the name of the county clerk under whose authority these licenses are issued? From: r

RE: What's happening in the Kim Davis case

y" line, which refers to Brian Mason, not Kim Davis (as the statute permits): https://www.justsecurity.org/wp-content/uploads/2015/09/davis.mason_.licenses.pdf On Sat, Sep 12, 2015 at 4:54 PM, Walsh, Kevin mailto:kwa...@richmond.edu>> wrote: The point about validity and authorization

RE: What's happening in the Kim Davis case

read either: "Issued this 9/_/2015 in the office of Kim Davis, Rowan County County Clerk, Morehead, Kentucky by Brian Mason, Deputy Clerk,” or "Issued this 9/_/2015 in the office of the Rowan County County Clerk, Morehead, Kentucky by Brian Mason, Deputy Clerk.” On Sat, Sep 12, 201

RE: What's happening in the Kim Davis case

tion that could have avoided this public contretemps and guaranteed that these couples would receive licenses in Rowan County, consistent with her religious obligations . . . but of course that would defeat the whole point of the exercise. On Sat, Sep 12, 2015 at 9:49 AM, Walsh, Kevin mailto:kwa...

RE: What's happening in the Kim Davis case

There's a sense and consistency to Davis's position that, understood together with the requirements of Kentucky law and the desire to obtain licenses from Davis's office, can guide us to some potential terms of peace that require neither surrender nor conquest. Under Kentucky law, every license

Re: Real-life effects of Kim Davis's actions

By the text of the governing statute, it looks like in-person applications are not the only way to get marriage licenses. They can also be obtained by a signed writing. See Ky. Rev. Stat. 402.080. And any county clerk may issue licenses upon

Re: Davis doubles down

ssued this 9/_/2015 in the office of the Rowan County County Clerk, Morehead, Kentucky by Brian Mason [signature initials], Deputy Clerk”? On Tue, Sep 8, 2015 at 10:21 PM, Walsh, Kevin mailto:kwa...@richmond.edu>> wrote: Based on a quick review of the filings, I don't see how Davis

RE: Davis doubles down

Based on a quick review of the filings, I don't see how Davis's position has shifted. Davis's opposition to the preliminary injunction motion from July 30 says: "Even though one of her deputy clerks (and perhaps two) is (or are) willing to issue a SSM license, she instructed all deputy clerks

RE: More Davis strangeness

t;mailto:masint...@nsu.law.nova.edu> From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Walsh, Kevin Sent: Tuesday, September 08, 2015 5:47 PM To: Law & Religion issues for Law Academics ; Michael Dorf Cc: Dellinger, Walter ; Howard Wasserman ; Samuel

Re: More Davis strangeness

Lauderdale, FL 33314 954.262.6151 masint...@nsu.law.nova.edu<mailto:masint...@nsu.law.nova.edu> From: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Walsh, Kevin Sent: Tuesday, September 08, 2015

Re: More Davis strangeness

sts.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Walsh, Kevin Sent: Monday, September 07, 2015 10:58 PM To: Law & Religion issues for Law Academics mailto:religionlaw@lists.ucla.edu>>; Michael Dorf mailto:miked

RE: More Davis strangeness

u] Sent: Monday, September 07, 2015 11:04 PM To: Walsh, Kevin Cc: Law & Religion issues for Law Academics; Michael Dorf; Samuel Bagenstos; Dellinger, Walter Subject: Re: More Davis strangeness Who does she think should have been joined? Deputy clerks? The state-level officers? And how

RE: More Davis strangeness

The procedural discussion has been very helpful. One problem is that not all the right parties are in front of the court. I've been wondering why Rule 19 has not been more prominently discussed. It turns out that it has been invoked in various pleadings, and I'm wondering if it provides the be

RE: "City subpoenas pastors' sermons in equal rights ordinance case"

First sentence should read "the non-party pastors believe the _defendants_ will argue that their request ..." From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Walsh, Kevin [kwa...@richmond.edu] Sent: Tuesday,

RE: "City subpoenas pastors' sermons in equal rights ordinance case"

>From the brief in support of the motion to quash, it appears that the >non-party pastors believe the plaintiffs will argue that their request is >keyed to evidence in support of affirmative defenses of fraud and unclean >hands. It's unclear at this point, though, exactly what the defendants' >

Re: "Administration to ŒAugment¹ ACA Contraceptive Rules"

Here’s another link that worked for me: https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-20252.pdf From: Ira Lupu mailto:icl...@law.gwu.edu>> Reply-To: Law & Religion List mailto:religionlaw@lists.ucla.edu>> Date: Friday, August 22, 2014 at 3:59 PM To: Law & Religion List mai

RE: Is Discussion of Justices' Religion "Off Limits"?

I wrote some guest posts for CLR Forum on "the Catholic issue" a couple of years ago. They were based on a draft paper I have been kicking around for too long. Perhaps there is no time like the present to finish that paper up. In the meantime, my old posts are available at http://clrforum.org/a

Re: Can it really be unconstitutional for Congress to create statutes that borrow constitutional law doctrines?

The case that comes to mind is not really on point, but it is nonetheless an example of unconstitutional legislative incorporation of constitutional law terminology (if legislature is interpreted broadly): the ban on "all First Amendment activities" in the resolution of the Board of Airport Commiss

RE: Court Rejects Religious Liberty Challenges To ACA Mandate

bstantial burden on Plaintiffs’ free exercise of religion by coercing Plaintiffs to choose between conducting their business in accordance with their religious beliefs or paying substantial penalties to the government. On Sat, Sep 29, 2012 at 9:43 PM, Walsh, Kevin mailto:kwa...@richmond.edu>

RE: Court Rejects Religious Liberty Challenges To ACA Mandate

The court's carelessness with respect to substantial burden prevented it from facing up to the more interesting legal question re: exercise of religion. I say that the court was careless because its analysis depends upon a tendentious characterization of the nature of the religious objection.

RE: New circumcision policy statement from the AAP

iding to what extent we should protect some of our fellow citizens (children) against other fellow citizens (their parents). Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Walsh, Kevin Sent: Friday, August 24, 2012 5:35 PM T

Re: New circumcision policy statement from the AAP

With appreciation to Eric and especially to Eugene for pushing us to think carefully about the right legal rule regarding circumcision, I wonder if focusing on even more fundamental considerations can clarify even more. As I see it, "we" do not "delegate" the authority to parents to make decisio

Re: contraceptives and RFRA

The application of strict scrutiny, and its outcome, would seem to be different from Lee. To the chagrin of many who would have liked a system of universal social/medical insurance, the ACA does not create such a system. Through a complicated combination of provisions, it both builds on top of