RE: The nonprofit contraception services cases

2014-01-07 Thread Stuart Buck
://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 services cases Date: Tue, 7 Jan 2014

Re: The nonprofit contraception services cases

2014-01-07 Thread Greg Lipper
contraception services cases Date: Tue, 7 Jan 2014 13:06:25 -0500 To: religionlaw@lists.ucla.edumailto:religionlaw@lists.ucla.edu Because medical treatment and health coverage for it is determined by neutral criteria like science and economics. Religion is not on the same footing-- indeed

RE: The nonprofit contraception services cases

2014-01-07 Thread Berg, Thomas C.
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 intervention papers: Notre Dame has emphasized the secular nature of its benefits

RE: The nonprofit contraception services cases

2014-01-07 Thread Stuart Buck
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 contraception than women

Re: The nonprofit contraception services cases

2014-01-07 Thread Will Esser
: religionlaw@lists.ucla.edu religionlaw@lists.ucla.edu 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

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
: The nonprofit contraception services cases 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

RE: The nonprofit contraception services cases

2014-01-06 Thread Rick Garnett
: 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 Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton On Jan 6

Re: The nonprofit contraception services cases

2014-01-06 Thread Marty Lederman
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 Verkuil Chair in Public

Re: The nonprofit contraception services cases

2014-01-06 Thread Marty Lederman
-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 nonprofit contraception services cases Marty-- could you please elaborate on your response

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
Hamilton Sent: Monday, January 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

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
contraception services cases 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

Re: The nonprofit contraception services cases

2014-01-06 Thread Greg Lipper
: 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 Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton

Re: The nonprofit contraception services cases

2014-01-06 Thread Marci Hamilton
Sent: Monday, January 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

Re: The nonprofit contraception services cases

2014-01-06 Thread Marty Lederman
:* 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 nonprofit contraception services cases

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

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 dgaub...@imb.org wrote: It seems to

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 lederman.ma...@gmail.comwrote: Another post, this one about the nonprofit cases that have now wound their way to the Court . .

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
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 icl...@law.gwu.edu wrote: Why don't all these religious nonprofits choose Christian Brothers Services as their health insurer? That way,

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 lederman.ma...@gmail.com wrote:

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

Re: The nonprofit contraception services cases

2014-01-03 Thread Will Esser
: The nonprofit contraception services cases 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

The nonprofit contraception services cases

2014-01-01 Thread Marty Lederman
Another post, this one about the nonprofit cases that have now wound their way to the Court . . . http://balkin.blogspot.com/2014/01/not-quite-hobby-lobby-nonprofit-cases.html On Mon, Dec 16, 2013 at 1:53 PM, Marty Lederman lederman.ma...@gmail.comwrote: Since no one else has mentioned it, I