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☆ The Supreme Court Has Opened the Door to Discrimination in 303 Creative. Here’s How States Can Slam It Shut. - The New York Times
▼ + stars: | 2023-07-01 | by ( Aaron Tang | ) www.nytimes.com time to read: +1 min

The Supreme Court has sided with a Christian graphic designer who refuses to create wedding websites for gay or lesbian couples. In 2018, the court faced a similar question when a Colorado baker violated the same anti-discrimination law by refusing to bake a wedding cake for a gay couple. The court ruled in favor of the baker on narrow grounds, ducking the broader free speech question. More than 20 states, including New York and California, have anti-discrimination laws like Colorado’s. By creating a free speech carve-out from these laws, the court’s ruling threatens to obliterate a vital tool in efforts to protect the L.G.B.T.Q.

Persons: Neil Gorsuch, ” Organizations: Creative, Alliance Defending Locations: Colorado, New York, California

☆ LGBT rights yield to religious interests at US Supreme Court
▼ + stars: | 2023-07-01 | by ( John Kruzel | Industry Insight | Corporate Attorneys Don T Want To Pay Law Firms For Chatgpt When They Could Use It Themselves | ) www.reuters.com time to read: +6 min

"We've seen a dramatic expansion of rights for conservative religious communities that has had a detrimental impact on equality rights, certainly for LGBTQ people," said Elizabeth Platt, director of the Law, Rights and Religion Project at Columbia Law School. Smith, who said she opposes gay marriage based on her Christian beliefs, was represented by the Alliance Defending Freedom, a conservative religious rights group. Still, the ruling illustrated a disparity in how the court views protections for LGBT people in contrast to the competing conservative Christian interests, Platt said. He stood out among conservatives in his espousal of sympathy both for conservative Christian causes and for what is sometimes called the "dignity interests" of marginalized groups including LGBT people. Barrett's addition gave it a 6-3 conservative margin and recalibrated how it weighed conservative Christian causes against the dignity interests of people protected by civil rights laws.

Persons: Read, Lorie Smith, Smith, Elizabeth Platt, Kristen Waggoner, Waggoner, Jack Phillips, Phillips, Platt, Anthony Kennedy, Brett Kavanaugh, Trump's, Neil Gorsuch, Friday's, Amy Coney Barrett, Kennedy, Kennedy's, Hodges, Obergefell, Barrett, Ruth Bader Ginsburg, Barrett's, Rachel Laser, John Kruzel, Will Dunham Organizations: U.S, Supreme, Law, Columbia Law School . Colorado, Alliance Defending, Defending, Colorado Civil Rights Commission, FOSTER CARE, Catholic Church, Philadelphia, Republican, Trump, Americans United, and State, Thomson Locations: WASHINGTON, Denver, Colorado, U.S, Fulton, City of Philadelphia, Obergefell

[1/3] Web designer Lorie Smith, plaintiff in a Supreme Court case who objects to same-sex marriage, poses for a portrait at her office in Littleton, Colorado, U.S., November 28, 2022. REUTERS/Kevin Mohatt/June 30 (Reuters) - The U.S. Supreme Court on Friday is poised to rule on whether a Christian web designer from Colorado has a right to refuse to provide services for same-sex marriages based on constitutional free speech protections - a case that could upend state anti-discrimination laws. The liberal justices during the argument said a decision favoring Smith could empower certain businesses to discriminate. Smith thus is free to sell whatever she wants, including websites with biblical passages stating an opposite-sex vision of marriage. The Supreme Court has supported religious rights and related free speech claims in recent years in other cases.

Persons: Lorie Smith, Kevin Mohatt, Smith, preemptively, Joe Biden's, Andrew Chung, Will Dunham Organizations: REUTERS, U.S, Supreme, Alliance Defending, Thomson Locations: Littleton , Colorado, U.S, Colorado, Denver, Colorado's, Littleton, New York

☆ Supreme Court rules for web designer who refused to work on same-sex weddings
▼ + stars: | 2023-06-30 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +5 min

Web designer Lorie Smith, plaintiff in a Supreme Court case who objects to same-sex marriage, poses for a portrait at her office in Littleton, Colorado, U.S., November 28, 2022. The Supreme Court on Friday ruled in favor of an evangelical Christian web designer from Colorado who refuses to work on same-sex weddings. The remaining 21 states do not have laws explicitly protecting LGBTQ rights in public accommodations, although some local municipalities do. Lower courts ruled against Smith, prompting her to appeal to the Supreme Court. The Supreme Court ruled on the baker case before the retirement of Justice Anthony Kennedy, who voted in favor of LGBTQ rights in key cases.

Persons: Lorie Smith, Colorado's, Neil Gorsuch, Smith, Samuel Alito, —, Jack Phillips, Eric Olson, Phillips, Anthony Kennedy, Donald Trump, Kennedy, — Organizations: Klux Klan, NBC News, Colorado Civil Rights Commission, Supreme, Civil Rights Commission, Alliance Defending, Catholic Church Locations: Littleton , Colorado, U.S, Colorado, United States, Philadelphia

REUTERS/Evelyn Hockstein/File PhotoWILMINGTON, Delaware, June 29 (Reuters) - A prominent U.S. lawsuit to ban the abortion pill mifepristone has focused on the drug's safety and approval process. Skop and 10 other doctors submitted their testimony when the case began in November. She said she was harmed by the FDA expanding access to the pill because she has treated dozens of women at her hospital's emergency room with mifepristone complications. Erin Hawley, an attorney with the Alliance Defending Freedom legal organization representing the plaintiffs, said abortion sets the case apart. In the abortion pill case, the two initial court rulings found harm to Skop and other doctors was "impending" because the mifepristone label says the treatment may be unsuccessful in up 7% of women.

Persons: Evelyn Hockstein, mifepristone, Ingrid Skop, Roe, Wade, Skop, doesn’t, Leah Litman, Erin Hawley, Hawley, Matthew Kacsmaryk, Samuel Alito's, Danco, Tom Hals, Amy Stevens, Deepa Babington Organizations: Alamo Women's, REUTERS, U.S . Food, Drug Administration, Supreme, FDA, University of Michigan Law School, Alliance Defending, Alliance for Hippocratic, District, Appeals, U.S, Fifth, Amnesty International, Danco Laboratories, Thomson Locations: Carbondale , Illinois, U.S, WILMINGTON , Delaware, Texas, America, Amarillo , Texas, Amarillo, New Orleans, Louisiana, United States, Wilmington , Delaware

☆ Deadlocked Iowa Supreme Court Leaves Abortion Legal Through 20 Weeks
▼ + stars: | 2023-06-16 | by ( David W. Chen | ) www.nytimes.com time to read: +2 min

The NewsA legal attempt to ban abortion in Iowa after six weeks of pregnancy failed on Friday, after the State Supreme Court deadlocked over whether to vacate a lower court’s injunction and allow the ban to take effect. That means abortion will remain legal in Iowa through 20 weeks of pregnancy. Iowa’s 2018 law was blocked by a district judge, who cited an Iowa Supreme Court decision holding that the State Constitution provided a fundamental right to abortion — a decision that was later reversed. But the district court said no, setting the stage for the Iowa Supreme Court to hear the case. The higher court, whose members are all Republican appointees, deadlocked 3-3 on Friday, letting the lower court’s injunction stand.

Persons: Roe, Wade, ”, Rita Bettis Austen, Chris Schandevel, Kim Reynolds, “, today’s, —, Reynolds Organizations: Defending, Republican, U.S, Supreme, Iowa Supreme, Iowa Locations: Iowa, Roe

The Human Rights Campaign (HRC) said over 70 bills it considers anti-LGBTQ were passed in statehouses this legislative session, double last year's previous record. The number of such bills introduced has steadily increased in recent years, growing from 115 in 2015, HRC said. HRC President Kelley Robinson named Florida, Tennessee and Texas as the most hostile states, saying Florida Governor Ron DeSantis had "weaponized his position." Twenty states now ban gender-affirming care, and 32 states introduced such legislation this year, HRC said. HRC praised Michigan and Minnesota for expanding LGBTQ rights in 2022-23.

Persons: Florida's, Octavio Jones, Kelley Robinson, Ron DeSantis, " Robinson, Jeremy Tedesco, Jeremy Redfern, Daniel Trotta, Bill Berkrot Organizations: REUTERS, Tuesday, Rights, HRC, Republican, Alliance Defending, Heritage Foundation, Family, Promoters, Michigan, Thomson Locations: Tallahassee , Florida, U.S, United States, statehouses, Florida , Tennessee, Texas, Florida, Minnesota

May 18 (Reuters) - The U.S. Senate is expected to vote Thursday on whether to confirm President Joe Biden's nominee to a federal appeals court a day after Senator Joe Manchin became the first one of Biden's fellow Democrats to vote against one of his judicial picks. Her confirmation faced a new obstacle on Wednesday night when Manchin, a moderate Democrat, broke ranks to oppose advancing her nomination. Her nomination advanced Wednesday on a 50-48 vote after two Republican senators did not participate, teeing it up for final consideration by the full Senate. If Manchin again opposes Abudu during the final vote on her confirmation, Vice President Kamala Harris could be called in to break a tie. That court flipped to a majority of Republican-appointed judges under then-President Donald Trump, who picked six of the 11 active judges.

☆ Access to abortion pill mifepristone at stake in federal appeals court hearing
▼ + stars: | 2023-05-17 | by ( Spencer Kimball | ) www.cnbc.com time to read: +5 min

Evelyn Hockstein | ReutersA federal appeals court will hear arguments Wednesday afternoon in a closely watched lawsuit that seeks to pull the abortion pill mifepristone from the U.S. market. The hearing at the U.S. 5th Circuit Court of Appeals in New Orleans comes 11 months after the Supreme Court ruled there was no longer a federal constitutional right to abortion. But if it refuses to hear an appeal, the 5th Circuit decision will be the final word on the drug's fate. Days later, the DOJ appealed Kacsmaryk's decision to the 5th Circuit, which handles cases arising from the Northern District of Texas. He said the Supreme Court will likely agree to take the case if the 5th Circuit panel decides to pull mifepristone from the U.S. market.

The Supreme Court temporarily halted court orders that would have impacted the availability of an abortion drug. A Supreme Court decision Friday to keep available — for now — the widely used abortion pill mifepristone was met with relief from one side of the debate, disappointment from the other and a vow from both to keep fighting. Maura Healey of Massachusetts called the court’s decision a “victory” for abortion patients and providers. While statements of muted celebration poured in from elected Democrats and groups supporting abortion rights, comment from Republicans and anti-abortion groups was noticeably sparser. Attorney General Andrew Bailey of Missouri, who opposes abortion, said through a spokesman that the decision was a disappointment.

☆ Supreme Court extends suspension of Texas ruling limiting access to abortion pill mifepristone
▼ + stars: | 2023-04-19 | by ( Associated Press | ) www.businessinsider.com time to read: +5 min

The Supreme Court gave itself more time to consider whether to allow restrictions on abortion pill mifepristone to take effect. Legal challenges to mifepristone's FDA approval continue. The justices had given themselves a deadline on Wednesday in a fast-moving case from Texas in which abortion opponents are seeking to roll back FDA approval mifepristone. Even as the abortion landscape changed dramatically in several states, abortion opponents set their sights on medication abortions, which make up more than half of all abortions in the United States. Mifepristone has been available for use in medication abortions in the United States since the FDA granted approval in 2000.

☆ Anti-abortion groups urge US Supreme Court to restrict abortion pill
▼ + stars: | 2023-04-18 | by ( Andrew Chung | ) www.reuters.com time to read: +4 min

WASHINGTON, April 18 (Reuters) - The U.S. Supreme Court should restrict the availability of the abortion pill mifepristone, anti-abortion groups challenging the medication's federal regulatory approval told the justices in a filing on Tuesday, urging them to implement curbs ordered by a conservative federal judge in Texas. Mifepristone is taken with another drug called misoprostol to perform medication abortion, which now accounts for more than half of all U.S. abortions. The Supreme Court has a 6-3 conservative majority. Anti-abortion groups led by the recently formed Alliance for Hippocratic Medicine and four anti-abortion doctors sued the FDA in November seeking to reverse approval of mifepristone. Since last year's Supreme Court decision, 12 U.S. states have put in place outright bans while many others prohibit abortion after a certain length of pregnancy.

☆ Anti-abortion group asks Supreme Court to keep mifepristone restrictions
▼ + stars: | 2023-04-18 | by ( Spencer Kimball | ) www.cnbc.com time to read: +3 min

Anti-abortion demonstrators celebrate outside the United States Supreme Court as the court rules in the Dobbs v Women's Health Organization abortion case, overturning the landmark Roe v Wade abortion decision in Washington, U.S., June 24, 2022. An anti-abortion group on Tuesday asked the Supreme Court to keep restrictions on the abortion pill mifepristone in place while the battle over the medication's legal status plays out. Supreme Court Justice Samuel Alito on Friday temporarily blocked those restrictions until 11:59 p.m. The anti-abortion organization also said the court should consider whether the FDA properly approved mifepristone in 2000 if it takes the case. If the lower court rulings against mifepristone ultimately stand, access to abortion could face restrictions even in some states where the procedure remains legal.

☆ Supreme Court lifts abortion pill restrictions for now
▼ + stars: | 2023-04-14 | by ( Spencer Kimball | ) www.cnbc.com time to read: +1 min

U.S. Supreme Court Justice Samuel Alito on Friday temporarily blocked lower court rulings that imposed tighter restrictions on the abortion pill mifepristone. U.S. Judge Matthew Kacsmaryk of the U.S. Northern District of Texas suspended the Food and Drug Administration's approval of mifepristone last week. The U.S. 5th Circuit Court of Appeals blocked that part of Kacsmaryk's order and kept the FDA approval in place. But the appeals court temporarily re-imposed tighter restrictions on how mifepristone is used and distributed, which would make it more difficult for women to access the drug. She said the lower court rulings are the first time judges have repealed the conditions of an FDA drug approval based on a disagreement over the agency's judgement about safety.

☆ U.S. appeals court allows abortion pill mifepristone to stay on the market but blocks mail delivery
▼ + stars: | 2023-04-13 | by ( Spencer Kimball | ) www.cnbc.com time to read: +4 min

A federal appeals court has allowed the abortion pill mifepristone to remain on the U.S. market for now, but it imposed major restrictions on the medication that will significantly limit access. The order bars mail delivery of the abortion pill. "If allowed to stand, the consequences of this decision will be catastrophic not just for medication abortion access, but the entire drug approval system." The Alliance Defending Freedom, the anti-abortion group that sued the FDA, said the appeals court decision restores critical safeguards while the litigation proceeds. The order does not impact misoprostol, which is commonly used as a standalone abortion medication in other parts of the world.

☆ Antiabortion group says appeals court lacks authority to block Texas abortion pill ruling
▼ + stars: | 2023-04-12 | by ( Spencer Kimball | ) www.cnbc.com time to read: +3 min

The Alliance Defending Freedom's lead attorney, Erik Baptist, argued in a new filing to the U.S. 5th Circuit Court of Appeals late Tuesday that the court lacks authority to grant the Justice Department's request to block the decision. His decision is set to take effect a 12 a.m. central time on Saturday if the 5th Circuit does not block it. Baptist made a technical argument that Kacsmaryk's decision to suspend the approval date cannot be appealed to the 5th Circuit under federal law, in contrast to an injunction or a final court decision. He argued the case should continue to play out in the U.S. District Court for the Northern District of Texas. They called on the 5th Circuit to immediately block the judge's order from going into effect early Saturday.

☆ 5 things the Supreme Court will take into account in medication abortion case
▼ + stars: | 2023-04-12 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +10 min

CNN —As the Supreme Court prepares for yet another controversial abortion case to come its way, the justices will pore over District Court Judge Matthew Kacsmaryk’s ruling last week to block the government’s approval of the key medication abortion drug at issue. “There are serious questions on whether the Supreme Court is willing to endorse the district’s court’s very broad approach to those questions,” he said. As he often does, Supreme Court Justice Brett Kavanaugh wrote separately last June to explain his thinking in voting to overturn Roe v. Wade. The Supreme Court might also take issue with the relief that Kacsmaryk ordered. None other than the liberals on the Supreme Court who dissented in Dobbs.

But even if those legal efforts fail and last Friday's order by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas goes into effect, essentially rendering the drug unapproved, the U.S. Food and Drug Administration could nonetheless continue to allow access to the drug, legal experts say. The FDA, which has said it stands behind it determination that mifepristone is safe and effective, declined to comment. CONTRADICTORY RULINGSThe FDA approved mifepristone, which is the first of a two-drug regimen to terminate a pregnancy within the first 10 weeks, in 2000. Kacsmaryk put his ruling on hold until Friday to give the Biden administration, which supports access to abortion, time to pursue its appeal. 1985 PRECEDENTBut, even if the abortion pill's approval remains suspended, the FDA has precedent on its side to do nothing, legal experts said.

☆ Abortion pill ruling puts 'judge shopping' concerns back in spotlight
▼ + stars: | 2023-04-12 | by ( Kevin Breuninger | ) www.cnbc.com time to read: +6 min

The Alliance For Hippocratic Medicine wants Judge Kacsmaryk to nullify the FDA's medical approval of mifepristone, which would effectively ban the abortion pill across the US. They argue plaintiffs are skirting the usual process of assigning cases randomly — which is mainly intended to "avoid judge shopping," as one federal court explains. Medication abortion is the most common form of the procedure in the U.S.An attorney for the ADF has rebuffed accusations of judge shopping. Trump was accused of judge shopping for Florida federal Judge Aileen Cannon, whom he appointed, when he filed a sweeping lawsuit in 2022 against his former political rival Hillary Clinton in Cannon's division in Florida. Ziegler echoed the view that even the appearance of judge shopping can erode trust in the courts.

CNN —Dueling decisions in two federal district courts last week are likely to set up a showdown at the Supreme Court over the fate of the abortion pill mifepristone. When the Supreme Court upheld the federal Partial-Birth Abortion Ban Act in 2007, dubious scientific arguments became even more central to anti-abortion advocacy. In Gonzales v. Carhart, the court held that in circumstances of scientific uncertainty, legislators would have more latitude to regulate abortion. Implausible scientific claims are now visible on social media, in lawsuits and in congressional hearings. (By taking this position, abortion opponents can still defend bans with no or few exceptions by claiming that abortion is never necessary.)

☆ Iowa's GOP AG has stopped funding for emergency contraception and abortion for victims of sexual assault, say reports
▼ + stars: | 2023-04-09 | by ( Bethany Dawson | ) www.businessinsider.com time to read: +3 min

The Iowa AG Office has paused funding emergency contraception and abortion for victims of sexual assault. The Iowa decison comes as abortion access across the US may become even more inaccessible. Under Iowa's previous Democrat attorney general, Tom Miller, the state provided funding for Plan B – the emergency contraceptive pill – and in rare cases, paid for abortions. However, it was announced on Saturday that Republican Attorney General Brenna Bird, elected last fall, had decided to pause the funding. JEFF KOWALSKY/AFP via Getty ImagesThe move comes as abortion access across the US may become even more inaccessible.

☆ A teacher who refused to call trans students by their preferred names because of his Christian beliefs can't have his job back, says court
▼ + stars: | 2023-04-08 | by ( Bethany Dawson | ) www.businessinsider.com time to read: +3 min

A US court has ruled that a high school did not violate the First Amendment rights of a music teacher. John Kluge refused on religious grounds to use transgender students' preferred names. "Kluge "stigmatized" transgender students, causing them "demonstrable emotional harm," said a judge. Music teacher John Kluge refused to use the student's preferred name and pronouns due to his Christian religious beliefs, according to a civil complaint filed in 2019, which said Kluge "believes encouraging students to present themselves as the opposite sex by calling them an opposite-sex first name is sinful." Students and fellow teachers complained, and the decision was reversed, according to court filings.

☆ Federal judge stays FDA abortion pill approval, gives Biden administration time to appeal
▼ + stars: | 2023-04-07 | by ( Spencer Kimball | ) www.cnbc.com time to read: +1 min

Abortion rights advocates gather in front of the J Marvin Jones Federal Building and Courthouse in Amarillo, Texas, on March 15, 2023. A federal judge in Texas on Friday stayed the Food and Drug Administration's approval of the abortion pill mifepristone, but delayed the ruling taking effect for a week, giving the Biden administration time to appeal. The Food and Drug Administration, abortion pill maker Danco Laboratories and the anti-abortion group Alliance Defending Freedom presented their arguments before the court. The alliance represents a coalition of physicians opposed to abortion called the Alliance for Hippocratic Medicine, which sued the FDA in November over its approval of mifepristone. It took more than four years from the filing of the initial application until the pill was approved.

Circuit Court of Appeals said. Kluge said his Christian religious beliefs barred him from complying with a school policy requiring faculty to use students' preferred names and pronouns. Federal law only requires employers to accommodate workers' religious beliefs if it would not cause them an undue hardship. The 7th Circuit on Friday disagreed, upholding an Indiana federal judge's ruling that dismissed the case. "Kluge's last-names-only practice stigmatized the transgender students and caused them demonstrable emotional harm," Circuit Judge Ilana Rovner wrote for the court.

☆ Texas judge's ruling suspends FDA approval of abortion pill mifepristone, jeopardizing availability nationwide
▼ + stars: | 2023-04-07 | by ( Michelle Mark | Charles R. Davis | ) www.businessinsider.com time to read: +4 min

Texas Judge Matthew Kacsmaryk issued a ruling Friday that jeopardizes the availability of a key abortion drug. An antiabortion legal group had sought to revoke or suspend the FDA's approval of the drug mifepristone. In the ruling, Judge Matthew Kacsmaryk, who was appointed by former President Donald Trump, imposed a stay on the Food & Drug Administration's approval of the drug, arguing that it was unlawful. Revoking the FDA's approval of mifepristone could immediately upend abortion access for countless women across the country. The medication mifepristone typically works as part of a two-medication regimen to terminate pregnancies.

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