Hobby Lobby

Katie Couric of Yahoo! News sat down to conduct an extended interview with Justice Ruth Bader Ginsburg to discuss issues ranging from Hobby Lobby to the controversial “R” word. Most importantly, Couric confronts Justice Ginsburg about her internet fame and hip-hop moniker, and we learn that she knows all about it.

Obviously Justice Ginsburg is up on her internet presence. Above the Law learned firsthand that she takes the time to recognize her fans when Justice Ginsburg took the time to personally respond to Staci’s wedding invitation. But hearing an 81-year-old woman talking about how much she adores being called “Notorious” is face-meltingly cute.

There are some other gems from the full interview too….

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* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]

* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]

* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]

* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]

* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]

* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]

* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]

* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]

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Earlier this week, several prominent LGBT advocacy groups announced that they would no longer support the proposed Employment Non-Discrimination ACT, known as ENDA. If the U.S. House of Representatives passes ENDA, it would create legal safeguards in the workplace for gay, lesbian, and transgendered employees. The National Gay and Lesbian Task Force Action Fund led the move, with the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, Lambda Legal, the National Center for Lesbian Rights and Transgender Law Center later joining NGLTF’s initial statement. The groups fear that the Supreme Court’s recent decision in Hobby Lobby signals a move toward expansive religious exemptions. Consequently, the groups will now focus their efforts on securing rights for the LGBT community like those provided by Title VII of the Civil Rights Act of 1964 and the Constitution’s Equal Protection Clause.

A few months ago, I wrote about ENDA and why conservative Republicans in the House ought to pass the bill. I pointed to a novel D.C. district court ruling allowing a gay man to move forward with his Title VII employment discrimination claim, based on his status as a homosexual male. I described the differences between Title VII’s religious exemptions for employers and the much broader exemptions provided by ENDA. In my earlier piece, I wrote, “Republican Congress members should think twice about refusing to enact legislation that would provide ENDA’s key protection of religious freedom. If they fail to do so, and the push to expand the scope of Title VII in the courts continues, no such protection will exist.”

Instead of prioritizing religious freedom, social conservatives in Congress have held fast to a strident moral opposition to LGBT rights. Instead of pressing for new, democratically enacted statutory rights, many advocates of LGBT equality will increasingly double-down on judicial re-interpretation of Title VII and the Equal Protection Clause. As each side digs in, the other side digs in deeper. Workable compromises seem fewer….

double red triangle arrows Continue reading “There Are No HEROs: The Fight Between LGBT Rights And Religious Objectors Gets More Polarized”

* The criminal codes violated in Transformers: Age of Extinction. Violations of the code of good filmmaking not included. [The Legal Geeks]

* Remember the guy who turned Justice Ginsburg’s Hobby Lobby dissent into a song? It turns out he’s been recording a song a day since 2009 and that was his first hit. Congrats! Hopefully next Term Justice Alito can declare suffocating orphans constitutional so this guy can have a follow-up. [Music.mic]

* How to end an internship? The key is drunkenly denouncing all your bosses in public. Oh, how to end an internship positively? Well, then I’m going to need some advice. [Corporette]

* Fracking interests have a new plan to promote the well-being of those living in affected areas: pay them $50,000 to grant universal releases. This doesn’t make fracking sound dangerous at all. [Pro Publica]

* Hey folks taking the New York bar exam at the Javits Center! Order your lunch. [Custom Gourmet]

* Insurance companies are asking American customers to go to Tijuana for medical care. “I know you need heart surgery, but have you considered how awesome it would be to take in a donkey show after your release?” [New Republic]

* Mitchell Epner, who is basically our Donald Sterling beat reporter, has a recap of the first day of the proceedings. [mitchellepner]

* Conviction for multiple sexual assaults “can be the basis of an interim suspension of his law license.” Seems like that should be a little more definite. [Legal Profession Blog]

* One of the underappreciated challenges in state and local governance is the inability to permalink statutes. [Government Executive]

Ed. note: Above the Law will have a reduced publishing schedule on Friday, July 4, in observance of the day when Will Smith beat those aliens.

* Two state supreme courts rejected the bids of guns rights advocates to give felons the right to own guns. But if you outlaw guns, only outlaws… wait, that slogan doesn’t work here. [The Volokh Conspiracy / Washington Post]

* Hobby Lobby fallout. Religious groups are asking President Obama to accommodate their “sincerely held belief” that gay people don’t deserve jobs. [Talking Points Memo]

* On the other hand, Hobby Lobby opens the door to student loan forgiveness. [Tyler Coulson]

* People hated talking to Steve Jobs about their work. Was it because kids these days don’t understand the value of hard work? Or was it because computer geeks are notoriously introverted? [What About Paris?]

* Don’t discriminate against people getting divorces — they’ve got enough to worry about. [Adjunct Law Prof Blog]

* Some legal academics think bank executives should be paid in bonds. Here are some arguments against that. [Fortune]

Justice Samuel Alito

[T]he 64-year-old [Samuel] Alito — a George W. Bush appointee — is aggressively staking out ground as a successor or even rival of sorts to Justice Antonin Scalia, 78, who’s often viewed as the intellectual leader of the court’s conservative wing. But he’s doing so in a less pugnacious and more politically palatable way than Scalia.

Josh Gerstein and David Nather of Politico, in an article about Justice Samuel Alito’s “moment” on the Supreme Court in the wake of his delivery of the majority opinions in both the Harris and Hobby Lobby cases.

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….

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We know you love Justice Ginsburg. You voted her your favorite justice just last year. Yesterday, this tweet became the most retweeted thing from our account in basically ever.

But have you read Notorious RBG’s dissent in Hobby Lobby yet? It is pretty long. Perhaps you’d enjoy it better as a song? That’s what one guy did — he condensed the opinion into a song.

And it’s pretty good.

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Please go f@ck yourself and die, SCOTUSblog.

Hey, guys, do you remember that time a partner from Reed Smith thought SCOTUSblog’s Twitter feed was an official Twitter feed of the U.S. Supreme Court? That was so much fun. We always enjoy it when the words “go f@ck yourself and die” come from a Biglaw partner’s mouth — or keyboard, as it were.

This time around, everyone and their mother and their dog mistook the SCOTUSblog Twitter feed for an official Twitter feed of the U.S. Supreme Court in the wake of the Hobby Lobby decision. Members of the public were enraged, and took to the social media platform to shake their virtual fists in anger in tweets directed at SCOTUSblog.

Whoever is in charge of the SCOTUSblog account responded with the second language that is innate to all lawyers: sarcasm. The result was absolutely fabulous…

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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…

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