Affordable Care Act

* Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette]

* The best way to catch drunk drivers is to give them something to crash into. [Legal Juice]

* Chaumtoli Huq, a former general counsel to the New York Public Advocate, has filed a federal lawsuit alleging that NYPD officers arrested her for waiting on the sidewalk outside a restaurant. She says she was targeted for being Muslim. [Gawker]

* In somewhat related news, Prawfsblawg pointed me to this interesting Slate piece on the effect that body-worn cams — the en vogue solution to police misconduct pushed by many including Huq’s old boss — really have on policing. [Slate via Prawfsblawg]

* Google paying $19 million to settle the FTC suit over kids making in-app purchases. It was going to be a $5 million settlement, but the FTC told Google that they would let them skip level 410 in Candy Crush if they kicked in another $14 million. [Washington Post]

* Some people have a problem with duct-taping kids to force them to take naps. Kids are growing up soft these days. [Lowering the Bar]

* And guess what? The D.C. Circuit is hearing the Halbig case en banc. Nullifying any argument that the Supreme Court act immediately to resolve a circuit split. Seems like someone predicted this outcome while the mainstream media wet themselves over a Supreme Court showdown. [Constitutional Accountability Center]

* Adam Steinbaugh got a DMCA takedown notice for criticizing a company for… overactive DMCA takedown notices. He replies eloquently. [Adam Steinbaugh's Blog]

On Tuesday, the D.C. Circuit ruled against Matt Sissel, the Iowa artist and entrepreneur who challenged the Affordable Care Act’s individual mandate on the grounds that the law violated the U.S. Constitution’s Origination Clause. Article I, § 7, clause 1 requires that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” Obamacare raises government revenue by billions of dollars, but it was drafted in the Senate. Judge Judith Rogers wrote the opinion in Sissel v. HHS for a panel including two newly minted Obama appointees, Judge Nina Pillard and Judge Robert Wilkins.

This ruling comes in the wake of last week’s dueling decisions in Halbig v. Burwell and King v. Burwell. Another D.C. Circuit panel found that Obamacare subsidies were illegal in the 36 states that refused to set up state healthcare exchanges. On the same day, the Fourth Circuit disagreed. In court battles, Obamacare opponents are winning some and losing some.

What should we make of their track record so far?

double red triangle arrows Continue reading “Liberal Critiques Of Challenges To Obamacare: 2 Errors Worth Correcting”

The Supreme Court released its opinion in Burwell v. Hobby Lobby on Monday, holding that the HHS contraception mandate violates an employer’s rights under the Religious Freedom Restoration Act, even when the employer is a for-profit corporation closely held by individuals who object to the mandate on religious grounds. Following the decision in McCullen v. Coakley, the abortion clinic buffer zone case, Hobby Lobby is the second case in a week where the Court told us how much each side of a fundamentally divided issue can ask of the other, under the law. They are hard cases to talk about without questioning the good faith or good sense of the other side. Nearly everyone thinks either Hobby Lobby or McCullen was a bad decision.

The only thing more frustrating than a bad high-profile Supreme Court decision may be the public’s response to any high-profile Supreme Court decision. For proof, one need only look as far as some of the tweets on SCOTUSblog’s Twitter feed….

double red triangle arrows Continue reading “Who Do You Take Seriously In The Hobby Lobby Debate?”

Last year at about this time, Justice Samuel Alito authored one of the most sneaky anti-woman decisions in recent memory. In Vance v. Ball State University, Justice Alito made it much more difficult for women to sue their employers for workplace harassment. At the time, I said it’s the kind of decision Chris Brown would be proud of, but on reflection, that may have been unfair to Chris Brown.

Today, Alito once again puts in the heavy lifting to make the world worse for working women. Apparently, in Alito’s world, it’s not only okay for employers to try to have sex with their female employees, they also get to regulate what medications they take…

double red triangle arrows Continue reading “Hobby Lobby And The True Gangsta Life Of Justice Alito”

Gwyneth Paltrow

* After forcing Solicitor General Donald Verrilli to acknowledge that the Affordable Care Act could force for-profit corporations to pay for employees’ abortions, Chief Justice John Roberts seemed rather pleased with himself. [New York Times]

* Sidley Austin just hired a major M&A heavy hitter away from General Electric’s legal department. Congratulations to Chris Barbuto. We suppose he can make it rain as outside counsel now. [DealBook / New York Times]

* Because there’s no time too soon for an ambulance airplane chaser, the beginnings of the first lawsuit lodged against Malaysian Air after Flight 370′s probable crash was filed in court yesterday. [Bloomberg]

* UC Hastings and Iowa are the latest law schools to offer 3+3 accelerated degree programs. What a great recruiting tool for Iowa, which recently saw enrollment levels plunge by 40 percent. [National Law Journal]

* One month after the internet exploded with rumors of Gwyneth Paltrow having an affair with entertainment lawyer Kevin Yorn, the star announced her split from her husband. Coincidence? [New York Daily News]

“Best amicus brief ever” might not be saying much. Parakeets are pretty indifferent to the liners of their cages.

Every now and then, though, we come across amicus briefs that are a little unusual or interesting. Like one with somewhat surprising or high-profile signatories — say, NFL players, or leading Republicans in favor of gay marriage. Or one that takes the form of a cartoon. Or one that’s just bats**t insane.

Today we bring you an amicus brief that will make you laugh out loud — which shouldn’t be surprising, given that it’s being submitted to the U.S. Supreme Court on behalf of a leading humorist….

double red triangle arrows Continue reading “Best Amicus Brief Ever”

You get objectified and denied all control over your own sexuality. You’re welcome.

* Judge Brian Cogan has ruled that a group of New York Catholic institutions doesn’t have to provide health insurance plans that include birth control coverage to its employees because… insurance policies with provisions that other people may or may not ever invoke is a religious thing. Too bad no one told the Catholic Church in New York, which already pays for insurance that provides birth control coverage and has for years. [Jezebel]

* Judge Richard Leon’s decision ruling the NSA metadata gathering program unconstitutional makes a lot of good points, but perhaps the best is that even if you think there’s a compelling counter-terrorism concern that trumps constitutional safeguards, the NSA just can’t point to it. Of course we’ll all be singing another tune when the Moldovans take over. [Lawyers, Guns & Money]

* Here’s a tale of dealing with a Biglaw bully. I don’t get the concept — being locked in a locker is way better than spending the whole night conforming edits. [Big Law Rebel]

* Elie appeared on the Lawyer 2 Lawyer podcast to discuss drones. [Lawyer 2 Lawyer]

* Eyewitness testimony is often disastrously wrong. Suddenly that “Eyewitness News” title your awful local news channel uses seems really appropriate. [Slate]

* A guide for tech startups and software developers dealing with contracts. I’m looking in your direction, Winklevoss twins. [Alleywatch]

* An IP lawyer makes a rap video. His record may affirm that he knows IP, but I don’t think Death Row is going to be calling any time soon. Video embedded below…

double red triangle arrows Continue reading “Non-Sequiturs: 12.17.13″

A couple of weeks ago, as Obamacare was just stumbling out of the gate, we asked our readers to tell us about the state of their own health insurance plans through their firms. Since the Recession, we have heard anecdotal evidence that some firms have been using health care cost clawbacks as a stealth expense-cutting tactic and de facto pay cut. We wondered how widespread a phenomenon this practice had become. Well, perhaps that’s a bit disingenuous. We had a strong feeling that, in this time of layoffs and all the rest of the Biglaw belt-tightening measures, that no category of expenses would be immune. And our survey results resoundingly confirm those suspicions: 89% of you tell us that your health insurance premiums have gone up since you started work at your firm.

A relevant tip showed up in the ATL inbox this week. An attorney at a prominent (V25) law firm sent us a memo outlining new changes to the firm’s health plan. Here’s an excerpt: “The deductible for the CIGNA PPO plan will change from $250 single/$750 family to $500 single/$1,000 family. Also, the PPO prescription copays [will all increase]. These changes bring our PPO plan design in line with market
practice for large law firms
(emphasis added)”…

double red triangle arrows Continue reading “Biglaw Health Insurance Costs: The ATL Survey Results”

* President Obama defends Obamacare (aka the Affordable Care Act), saying that the dysfunctional HealthCare.gov website will get fixed. [Washington Post]

* “Calling All Unemployed Law Grads: Greenberg Traurig Is Hiring.” But there’s a catch. We’ll have more on this later today. [Am Law Daily (sub. req.)]

* The Supreme Court agrees to hear a case regarding how to determine mental disability in death-penalty cases. [National Law Journal]

* If you’re thinking of selling legal services over Groupon, proceed with care. [ABA via WSJ Law Blog]

* Want to get out of jury duty? Try flipping the bird at the defendant (which is what this Biglaw partner allegedly did). [ABA Journal]

* Chris Geidner takes a closer look at Chris Christie’s decision not to keep fighting marriage equality in New Jersey. Is it all about 2016? [BuzzFeed]

* More details on the circumstances surrounding a Reed Smith partner’s profane and ill-advised tweet. Expect Steven Regan to be sent back to “Tweet School.” [Am Law Daily (sub. req.)]

With the continuing partial government shutdown and the shaky rollout of Obamacare, the issue of health insurance has never been such a central and divisive topic in the national conversation. Surely there are thousands of unemployed or temping JDs who are entering the brave new world of insurance exchanges and its attendant “hiccups.” In a development that perhaps should alarm the lowest-paid support staffers at law firms, some corporations appear poised to drop “bare bones” health-care benefits altogether for low-wage employees in favor of directing such employees to the new state exchanges.

Of course, for the lawyers at firms, such developments concerning the exchanges are essentially an abstract issue. That is not to say that attorney benefits packages are not subject to “new normal” economic pressures, or that the ultimate effect of the Affordable Care Act on private health insurance packages is unknowable. As noted here way back in 2009, some firms have added health care cost clawbacks to their expense-cutting repertoire of layoffs and pay cuts. Many associates have found themselves, post-Recession, with higher premiums and deductibles and thus, a de facto salary cut. Comparing salaries and bonuses across law firms overlooks the element of health insurance costs, about which there is no equivalent transparency. Undoubtedly there are significant variations across firms in this area, and some firms that appear to pay “market” aren’t quite doing so in light of their requiring a larger fraction of health care premiums. These variations inevitably distort direct comparisons.

We’d like to bring some transparency to this topic — but we need your help….

double red triangle arrows Continue reading “Are Biglaw Health Insurance Premium Increases Really Stealth Pay Cuts?”

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