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9 Dec 2013, 8:15 am
Micah Schwartzman, Richard Schragger, and Nelson TebbeWe have been arguing (here, here, and here) that a religious exemption to the contraception mandate would raise serious concerns under the Establishment Clause. [read post]
6 Dec 2013, 6:50 am
I'm not offering up all the links here, but those interested in the contraceptive mandate cases should definitely check out: 1) The extensive series of posts Eugene Volokh has put up at the VC this week canvassing most if not all of the issues and angles in the cases. 2) Nelson Tebbe and Micah Schwartzman's arguments on Slate and Balkinization that accommodating the claimants here would violate the Establishment Clause. 3) Marc DeGirolami's post on the Center for Law and… [read post]
5 Dec 2013, 8:58 am
I have a short opinion piece in today's Los Angeles Times about the Hobby Lobby case, which the Court has agreed to hear and which involves a RFRA challenge by a for-profit business to the HHS contraception-coverage mandate. [read post]
4 Dec 2013, 3:04 pm
In this case, employees of Hobby Lobby should not be required to subsidize a religious accommodation for the company. [read post]
4 Dec 2013, 2:11 pm
” (I quote here a Slate piece by Micah Schwartzman & Nelson Tebbe, though the argument was also made in much more detail in this law review article by Fred Gedicks & Rebecca Van Tassell.) [read post]
30 Nov 2013, 8:17 pm
Balkinization: The Establishment Clause and the Contraception Mandate, by Micah Schwartzman, Richard Schragger, and Nelson Tebbe: Yesterday the Supreme Court granted certiorari in Sebelius v. [read post]
29 Nov 2013, 10:03 pm
In most cases, you don’t get to pick which way you get your subsidy. [read post]
27 Nov 2013, 11:05 am
Micah J. [read post]
13 Nov 2013, 12:25 pm
This seems to be a case of mindless over-enforcement rather than malice. [read post]
2 Nov 2013, 10:35 am
These cases by statute include: "(1)... [read post]
24 Sep 2013, 10:18 am
In many cases, such as white collar and other non-violent, non-drug cases (usually involving a single defendant), they don't. [read post]
24 Sep 2013, 7:20 am
Micah J. [read post]
18 Sep 2013, 12:05 pm
Senior Judge Royce Lamberth issued an opinion in the counsel access case. [read post]
31 Aug 2013, 9:12 am
The Judge hearing the case has thrown out blood test evidence in 11 DUI charges. [read post]
18 Aug 2013, 9:01 pm
And it makes no difference that the reason for the child’s naming choice is secular: The child’s mother said that she chose the name “Messiah” because it goes well with the names of the boy’s siblings, Micah and Mason. [read post]
14 Aug 2013, 1:26 pm
The most notorious of these cases was Nancy S. v. [read post]
30 Jul 2013, 11:00 am
I mention all of this now because of a comment left on our blog the other day by Micah Sitig. [read post]
24 Jul 2013, 8:55 am
Others have, too (and better), and this latest paper is an effort to respond, at least in part, to some of the important questions and challenges that have been raised, especially by Rich Schragger and Micah Schwartzman. [read post]
8 Jul 2013, 6:22 am
State Neutrality, Religion, and the Workplace in the Recent Case Law of the European Court of Human Rights” 5-6:30 p.m. [read post]
24 Jun 2013, 12:26 pm
[EDIT: Thanks for the correction, Micah!] [read post]
