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Court nixes faith-based birth control mandate challenge
Headline News | 2015/02/16 20:55
An appeals court has ruled that the birth control coverage required by federal health care reforms does not violate the rights of several religious groups because they can seek reasonable accommodations.
 
Two western Pennsylvania Catholic dioceses and a private Christian college had challenged the birth control coverage mandates and won lower-court decisions. However, the U.S. 3rd Circuit Court ruling Wednesday said the reforms place "no substantial burden" on the religious groups and therefore don't violate their First Amendment rights.

All three groups — the college and the Pittsburgh and Erie dioceses — are mulling whether to appeal to the entire 3rd Circuit Court of Appeals or the U.S. Supreme Court.

"Such a ruling should cause deep concern for anyone who cares about any First Amendment rights, especially the right to teach and practice a religious faith," Pittsburgh Bishop David Zubik said in a statement. "This decision says that the church is no longer free to practice what we preach."

At issue is an "accommodation" written into the Affordable Care Act that says religious organizations can opt out of directly providing and paying to cover medical services such groups would consider morally objectionable. In this case, that refers to all contraceptive and abortion services for the Catholic plaintiffs, and contraceptive services like the "week-after" pill and other medical coverage that Geneva College contends violate its anti-abortion teachings. The school in Beaver Falls is affiliated with the Reformed Presbyterian Church.

Justice Department lawyers have argued the accommodation solves the problem because it allows religious groups to opt out of directly providing such coverage. But the plaintiffs contend that merely filing the one-page form, which puts a religious group's objections on record with the government, violates their rights because it still "facilitates" or "triggers" a process that then enables third-party insurers to provide the kind of coverage to which they object.


High court rejects military contractors appeals
Headline News | 2015/01/20 20:25
The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.

The justices offered no comment in allowing the lawsuits to proceed.

One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.

Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.

The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.

The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims.


Court won't hear free speech challenge to metals dealers law
Headline News | 2015/01/13 21:07
The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.

The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.

Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.

A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.


Suspect in trooper shooting case heads to court
Headline News | 2015/01/05 23:57
A man who eluded police for 48 days after allegedly shooting to death a state trooper and wounding another is due in court for a preliminary hearing which could decide whether his case goes to county court for trial.

A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.

Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.

Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.

Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.

The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.


Post reporter charged in Iran after day in court
Headline News | 2014/12/08 22:39
A Washington Post reporter detained in Iran for more than four months was formally charged Saturday after a day-long proceeding in a Tehran courtroom, the newspaper reported.

Jason Rezaian, the newspaper's bureau chief in Tehran since 2012, appeared in court almost five months after he was arrested July 22. The charges were the first against him since the arrest, the Post said. He is an Iranian-American who holds dual citizenship.

The newspaper, quoting a source familiar with the case, said the nature of the charges against him were not immediately clear to those not present in the courtroom. The State Department has repeatedly raised the subject of Rezaian and other Americans jailed in Iran during talks with the government about a deal to curb Iran's nuclear capacity and ease international sanctions.

The State Department tweeted early Sunday that Secretary of State John Kerry was "disappointed and concerned" with the latest developments and called on the Iranian government to drop any charges against Rezaian "and release him so he can be reunited with his family."

His detention has been extended to mid-January in recent days because the investigation is continuing, the Post said.


German court: e-cigarette liquids not medicines
Headline News | 2014/11/25 18:24
A German federal court has ruled that the liquids contained in e-cigarettes aren't medicinal products and can be sold freely.

E-cigarettes are battery-powered devices that produce an odorless vapor which typically contains nicotine, and sometimes flavorings. The Federal Administrative Court delivered its verdict Thursday in a case involving a woman who ran an e-cigarette shop in the western city of Wuppertal.

City authorities barred her in 2012 from selling liquids containing nicotine in various strengths on the ground that they were pharmaceutical products which weren't licensed as such and therefore couldn't be marketed. A lower court ruling went against the plaintiff.

E-cigarettes are often described as a less dangerous alternative to regular cigarettes that may help regular smokers quit. However, there hasn't been much research on them yet.


Washington high court to hear charter schools case
Headline News | 2014/10/28 21:23
The Washington Supreme Court is scheduled to hear arguments on Tuesday about whether the voter-approved charter school law violates the state constitution.

King County Superior Court Judge Jean Rietschel found in December that parts of the new law were unconstitutional. Her decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.

Those dollars are essential to the success of these new schools, according to the people who want to open nine charter schools in Washington state next fall. The state's first charter school, First Place Scholars, opened in Seattle this fall.

Both sides asked the state Supreme Court to skip the appeals court process and directly review the case.


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