Search for: "In re Burwell"
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22 Jul 2015, 9:01 pm
During the summer of 2000, RFRA’s re-enactment was considered unlikely and hearings were promised for its opponents in September 2000. [read post]
2 Dec 2022, 9:43 am
Burwell. [read post]
24 Aug 2020, 9:01 pm
It was deployed by a for-profit arts and crafts store in Burwell v. [read post]
6 Jul 2022, 7:02 am
., Burwell v. [read post]
9 Dec 2022, 4:00 am
This problem of distrust drives down rates of re-election and thereby generates an incentive for representatives to resolve it. [read post]
30 Nov 2023, 12:45 pm
[Serial-blogging my recent article in the Notre Dame Law Review] On Monday, I started serial-blogging my article, The Myth of the Federal Private Nondelegation Doctrine, which has just come out in the Notre Dame Law Review. [read post]
9 Oct 2015, 12:15 pm
John Elwood reviews this week’s relisted cases. [read post]
2 Jul 2015, 3:12 pm
Burwell on labor relations is worth the price of admission in itself. [read post]
14 Nov 2014, 5:42 am
We’re still trying to figure out the Court’s practice of “rescheduling” cases (i.e., deciding before the scheduled Conference date to move the case to another Conference). [read post]
9 Oct 2017, 9:01 pm
The exception was broadened again by the Supreme Court’s ruling in Burwell v. [read post]
10 May 2022, 9:02 pm
I could say, “I told you so,” but instead I’m going to lay out the reality leading to the Supreme Court draft overruling of Roe v. [read post]
27 Nov 2017, 8:00 am
The Supreme Court recently agreed to hear an important electronic privacy case, United States v. [read post]
15 Dec 2023, 12:17 pm
Burwell (contraception mandate). [read post]
28 Jul 2015, 1:34 pm
Burwell, the decision of the Fourth Circuit Court of Appeals that “an Exchange established by a State” can also be read to include an “Exchange” established by the State or the Federal Government. [read post]
28 Sep 2015, 2:10 pm
Steps advisable as part of this process include, but are not necessarily limited to: Audit of each position current classified as exempt to assess its continued sustainability and to develop documentation justifying that characterization; Audit characterization of workers obtained from staffing, employee leasing, independent contractor and other arrangements and implement contractual and other oversight arrangements to minimize risks that these relationships could create if workers… [read post]
18 Jul 2014, 11:33 am
If so, then the only remaining question would be whether such a denial of exemptions is the “least restrictive manner” of furthering those compelling interests.For purpose of my hypo, remember, we’re assuming that the government has tried and failed to develop any purely regulatory solution that both satisfies the employer’s religious objection and at the same time furthers the government’s compelling interests. [read post]
14 Aug 2023, 5:36 am
If you’re having trouble understanding the difference, Josh Chafetz has the best articulation of the “strong” version of the MQD: “If a majority of justices determine that eating an ice cream cone is a major question, then it is not enough that Congress has empowered the agency to ‘eat any dessert it chooses. [read post]
