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24 Feb 2014, 4:00 am
(Czech Republic, Hungary and Poland), (Israel Law Review, Vol. 47, Issue 1. pp. 27-61 (2014)).SCOTUS Blog Contraceptive Mandate Symposium (Feb. 17-24, 2014):Marty Lederman, Symposium: How to understand Hobby Lobby.Jessie Hill, Symposium: The Contraceptives Coverage Controversy-- What's Old Is New Again.John Bursch, Symposium: Hobby Lobby and Conestoga: The Most Difficult-to-Answer Question.Michael Dorf, Symposium: Why is RFRA Still Valid Against the Federal Government? [read post]
23 Feb 2014, 4:20 pm
The following contribution to our contraceptive mandate symposium comes from Marty Lederman, professor of law at Georgetown University Law Center. [read post]
17 Feb 2014, 6:21 am
At Balkinization, Marty Lederman discusses the briefs filed recently by Hobby Lobby and the federal government, highlighting both “one important common ground . . . [read post]
16 Feb 2014, 12:31 pm
That allegation itself implicates a threshold legal question, which Marty Lederman describes in detail here. [read post]
4 Feb 2014, 6:24 am
In a long post over at Just Security, Marty Lederman and I had already responded to these objections. [read post]
29 Jan 2014, 5:28 am
Lyle Denniston reported on one such brief, which urges the Court to hold that the Religious Freedom Restoration Act is unconstitutional, for this blog; elsewhere in the blogosphere, Marty Lederman (at Balkinization) uses the amicus briefs as a jumping-off point from which to discuss what he “consider[s] to be a more useful way of thinking about the question of whose religious exercise is potentially burdened, and how, in these cases. [read post]
23 Jan 2014, 5:21 am
” At Balkinization, Marty Lederman analyzes (and criticizes) Conestoga Wood’s argument, in the challenge to the Affordable Care Act’s contraceptive mandate, arguing that the law “is not nearly as full of ‘holes’ as the plaintiffs would have it. [read post]
22 Jan 2014, 5:33 am
Late last month Marty Lederman flagged the President’s Review Group on Intelligence and Communications Technologies’ endorsement of the Front-Page Rule: That informal precept, long employed by the leaders of US administrations, is that we should not engage in any secret, covert, or clandestine activity if we could not persuade the American people of the necessity and wisdom of such activities were they to learn of them as the result of a leak or other disclosure. [read post]
21 Jan 2014, 5:00 am
Micah Schwartzman, Rich Schragger, and Nelson TebbeWe wanted to post a couple updates to the Establishment Clause argument against granting an exemption under RFRA to the so-called “contraception mandate” – which may be a misnomer (as Marty Lederman has argued). [read post]
18 Jan 2014, 9:15 am
Via Marty Lederman, the government's opening brief (PDF) in Hobby Lobby and the plaintiff's opening brief (PDF) in Conestoga. [read post]
14 Jan 2014, 5:45 am
” Briefly: At the National Review, Matt Bowman responds to posts by Marty Lederman on the Affordable Care Act’s contraceptive mandate. [read post]
6 Jan 2014, 6:02 am
Lyle Denniston covered the latest proceedings for this blog; other coverage and analysis come from Marty Lederman at Balkinization, Michael Dorf at Dorf on Law, Steven Mazie at The Economist’s Democracy in America blog, and Leland E. [read post]
3 Jan 2014, 4:05 am
According to WNDU, on Tuesday the University issued a statement saying:Having been denied a stay, Notre Dame is advising employees that pursuant to the Affordable Care Act, our third party administrator is required to notify plan participants of coverage provided under its contraceptives payment program.As part of an ongoing legal action, however, the program may be terminated once the university's lawsuit on religious liberty grounds against the HHS mandate has worked its way through the… [read post]
1 Jan 2014, 7:38 pm
Marty Lederman on Balkinization provides an excellent elaboration of the argument I made in my previous post regarding the slippery slope that follows from the argument that a non-profit group "triggers" morally objectionable contraceptive coverage merely by signing an opt-out... [read post]
1 Jan 2014, 7:38 pm
Marty Lederman on Balkinization provides an excellent elaboration of the argument I made in my previous post regarding the slippery slope that follows from the argument that a non-profit group "triggers" morally objectionable contraceptive coverage merely by signing an opt-out... [read post]
30 Dec 2013, 10:08 am
Marty Lederman has been writing a lot on the Hobby Lobby/Conestoga Wood challenges to the ACA contraceptive rule. [read post]
23 Dec 2013, 1:39 pm
Marty Lederman has a good summary of the highlights of the President’s Review Group on Intelligence and Communications Technologies at Just Security. [read post]
20 Dec 2013, 7:43 am
(John Elwood) Back in April, I posted a list of relevant materials on the recess appointments debate that Marty Lederman and I had compiled. [read post]
19 Dec 2013, 8:36 pm
The Volokh Conspiracy: My Hobby Lobby Posts, In a Single Word Document, by Eugene Volokh: Here are my Hobby Lobby posts in a single Word document, in case some of you might find them helpful. [read post]
19 Dec 2013, 3:00 am
[UPDATE: Marty Lederman has a good post here pointing out that there is an interesting question as to what the available charge(s) might be in a military commission, among other things.] [read post]
