Re: The nonprofit contraception services cases

2014-01-07 Thread Will Esser
; Sent: Tuesday, January 7, 2014 1:01 PM Subject: Re: The nonprofit contraception services cases Courts can always test sincerity and the substantiality of the burden though in these cases, several courts have treated "substantial" as functionally irrelevant.  What strikes me as od

RE: The nonprofit contraception services cases

2014-01-07 Thread Stuart Buck
. From: lip...@au.org To: religionlaw@lists.ucla.edu Subject: Re: The nonprofit contraception services cases Date: Tue, 7 Jan 2014 19:30:40 + Stuart, is your position that all women should stop using oral contraception, and/or (2) employers are better equipped to weigh the benefits/risks of con

RE: The nonprofit contraception services cases

2014-01-07 Thread Berg, Thomas C.
u> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Greg Lipper Sent: Monday, January 06, 2014 3:21 PM To: Law & Religion issues for Law Academics Subject: Re: The nonprofit contraception services cases One further note, related to Marci's question, and detailed in our interve

Re: The nonprofit contraception services cases

2014-01-07 Thread Greg Lipper
http://monographs.iarc.fr/ENG/Monographs/vol91/index.php and http://abcnews.go.com/Health/birth-control-linked-heart-attack-stroke/story?id=16559498, for example. > CC: religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu> > From: hamilto...@aol.com<mailto:hamilto

RE: The nonprofit contraception services cases

2014-01-07 Thread Stuart Buck
th" here. See http://monographs.iarc.fr/ENG/Monographs/vol91/index.php and http://abcnews.go.com/Health/birth-control-linked-heart-attack-stroke/story?id=16559498, for example. > CC: religionlaw@lists.ucla.edu > From: hamilto...@aol.com > Subject: Re: The nonprofit contraception serv

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
Ok-- I am confused. Is Derek saying federal funds subsidiz Notre Dame's health care system? Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton > On Jan 6, 2014, at 8:45 PM, "Gaubatz, Derek" wrote: > > It seems to me that there

RE: The nonprofit contraception services cases

2014-01-06 Thread Gaubatz, Derek
It seems to me that there is a much less nefarious explanation. In the context of those Establishment Clause challenges, it was permissible for a religious entity like Notre Dame to receive the government funds so long as they were not used for items deemed to be inherently religious activities

Re: The nonprofit contraception services cases

2014-01-06 Thread Marty Lederman
gt;> >>> >>> >>> Richard W. Garnett >>> >>> Professor of Law and Concurrent Professor of Political Science >>> >>> Director, Program on Church, State & Society >>> >>> Notre Dame Law School >>> >>

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
am on Church, State & Society >>> Notre Dame Law School >>> P.O. Box 780 >>> Notre Dame, Indiana 46556-0780 >>> 574-631-6981 (w) >>> 574-276-2252 (cell) >>> rgarn...@nd.edu >>> >>> To download my scholarly papers, please visit my SSRN

Re: The nonprofit contraception services cases

2014-01-06 Thread Greg Lipper
for Law Academics Cc: Law & Religion issues for Law Academics Subject: Re: The nonprofit contraception services cases This is strictly an informational question-- is Notre Dame allowed to discriminate on the basis of religion in undergraduate admission? Marci A. Hamilton Verkuil Chair in Publi

Re: The nonprofit contraception services cases

2014-01-06 Thread Greg Lipper
ary 06, 2014 3:08 PM To: Law & Religion issues for Law Academics Cc: Law & Religion issues for Law Academics Subject: Re: The nonprofit contraception services cases This is strictly an informational question-- is Notre Dame allowed to discriminate on the basis of religion in undergra

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
Professor of Political Science >>> >>> Director, Program on Church, State & Society >>> >>> Notre Dame Law School >>> >>> P.O. Box 780 >>> >>> Notre Dame, Indiana 46556-0780 >>> >>> 574-631-6981

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
rnett > > From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton > Sent: Monday, January 06, 2014 3:08 PM > To: Law & Religion issues for Law Academics > Cc: Law & Religion issues for Law Academics >

Re: The nonprofit contraception services cases

2014-01-06 Thread Marty Lederman
ll) >> >> rgarn...@nd.edu >> >> >> >> To download my scholarly papers, please visit my SSRN >> page<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=342235> >> >> >> >> Blogs: >> >> >> >> Prawfsbla

Re: The nonprofit contraception services cases

2014-01-06 Thread Marty Lederman
ByAuth.cfm?per_id=342235> > > > > Blogs: > > > > Prawfsblawg <http://prawfsblawg.blogs.com/> > > Mirror of Justice <http://mirrorofjustice.blogs.com/> > > > > Twitter: @RickGarnett <https://twitter.com/RickGarnett> > > > > *F

RE: The nonprofit contraception services cases

2014-01-06 Thread Rick Garnett
Religion issues for Law Academics Subject: Re: The nonprofit contraception services cases This is strictly an informational question-- is Notre Dame allowed to discriminate on the basis of religion in undergraduate admission? Marci A. Hamilton Verkuil Chair in Public Law Benjami

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
; From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton > Sent: Friday, January 03, 2014 1:42 PM > To: Law & Religion issues for Law Academics > Cc: Law & Religion issues for Law Academics > Subject: Re: The nonp

RE: The nonprofit contraception services cases

2014-01-06 Thread Rick Garnett
ry 03, 2014 1:42 PM To: Law & Religion issues for Law Academics Cc: Law & Religion issues for Law Academics Subject: Re: The nonprofit contraception services cases Marty-- could you please elaborate on your response? I am not following this exchange Thanks-- Marci Marci A. Hamilton Verku

Re: The nonprofit contraception services cases

2014-01-03 Thread Will Esser
Will Esser Charlotte, North Carolina   From: Ira Lupu To: Law & Religion issues for Law Academics Cc: Law & Religion issues for Law Academics Sent: Friday, January 3, 2014 12:08 PM Subject: Re: The nonprofit contraception services cases Why don

Re: The nonprofit contraception services cases

2014-01-03 Thread Marty Lederman
I meant that shorthand only to repeat what I wrote in my post: The *Little Sisters* case reveals a lacuna in the government's "secondary accommodation" regulation that the government itself presumably did not anticipate--namely, that the regulation does not guarantee contraception coverage for fem

Re: The nonprofit contraception services cases

2014-01-03 Thread Marci Hamilton
Marty-- could you please elaborate on your response? I am not following this exchange Thanks-- Marci Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton On Jan 3, 2014, at 12:43 PM, Marty Lederman wrote: > They will -- the govern

Re: The nonprofit contraception services cases

2014-01-03 Thread Marty Lederman
They will -- the government realizes that its plan is undermined and is reassessing Sent from my iPhone On Jan 3, 2014, at 12:08 PM, Ira Lupu wrote: > Why don't all these religious nonprofits choose Christian Brothers Services > as their health insurer? That way, certification or not, the em

Re: The nonprofit contraception services cases

2014-01-03 Thread Ira Lupu
Why don't all these religious nonprofits choose Christian Brothers Services as their health insurer? That way, certification or not, the employees will not receive the services to which the employer objects? Something is missing from this narrative. Sent from my iPhone > On Jan 3, 2014, at

Re: The nonprofit contraception services cases

2014-01-03 Thread Marty Lederman
The government's brief in *Little Sisters*: http://balkin.blogspot.com/2014/01/government-bref-in-little-sisters.html On Wed, Jan 1, 2014 at 5:34 PM, Marty Lederman wrote: > Another post, this one about the nonprofit cases that have now wound their > way to the Court . . . > > > http://balkin.b