The only ones who benefit are the pharmacies. Held and Dr. Michael Garrett partnered with IJ to file a lawsuit challenging the ban. Read more here. In the course of their divorce proceedings, Patrick W. Gomez and Elizabeth A. Gomez … agreed to a stipulated parenting plan.
Southern District of New York
That plan, which was later incorporated in the decree dissolving their marriage, gave Patrick and Elizabeth joint legal and physical custody of their two children and set forth a schedule in which the parents would exercise parenting time. The parenting plan also included a provision that the children "will be enrolled and be participants in the Catholic religion" and set forth several specific Catholic religious activities in which the children would participate.
Attendance at Catholic Mass was not mentioned. Years later, Patrick filed a motion alleging that Elizabeth was not complying with the language in the parenting plan regarding the children's religious participation. In response to Patrick's motion, the district court entered an order requiring Elizabeth either to bring the children to Catholic Mass every weekend in which she was exercising parenting time or to allow Patrick to take the children during her parenting time.
It also required the children to attend Catholic Mass on Catholic "Holy Days of Obligation" and required Patrick and Elizabeth to coordinate to ensure their attendance on those days…. Read More. In , John Doe sued his employer, claiming that the employer allowed Doe to be harassed based on Doe's religion Islam. The Chicago Tribune article accurately reported that, according to the Complaint, after Doe. Because this was an accurate report of a court filing, it couldn't be treated as libelous or as putting Doe in a false light.
Accurately reporting others' accusations may often be libelous, but generally not when you're reporting accusations filed in court; that's an aspect of the so-called " fair report " privilege, and Illinois recognizes a broad version of that privilege. This lawsuit was not anonymous, and the newspaper articles mentioned Doe's name, which seems fairly uncommon.
I'm calling him Doe now because the new lawsuit that I'm writing about was indeed filed anonymously. Then in , when Doe was looking for a new job—and not doing as well in the search as he thought he would—he Googled himself, and saw the Tribune and Sun-Times articles. He thought that the articles might make him look bad to employers, because they might make him seem either litigious or physically threatening. He then asked the newspapers to remove the articles; the Sun-Times did, but the Tribune didn't.
According to the complaint, "At that time, the Chicago Tribune Article appeared on the seventh or eighth page of Internet search results for the Plaintiff's name on Google. Then Doe again, according to the Complaint , " contacted a reputation management company to minimize the appearance of the Chicago Tribune Article in Internet search results for his name.
But then,. Sometime later, the Plaintiff noticed the Chicago Tribune Article rapidly rising in rank in Internet search results for his name [to 1 in the search results]. The Plaintiff also noticed that Kankakee Daily Journal Article newly appeared in Internet search results for his name [on the first page of the search results].
The Plaintiff also noticed other, new webpages containing exact excerpts from the Chicago Tribune Article appear in Internet search results for his name …. For example, a blog for an auto body repair shop [with whom Doe was completely unconnected] appeared in Internet search results for his name … [and] contained language copied from the Chicago Tribune Article.
No organic or natural renewed public interest in the Plaintiff, the Lawsuit, or the Lawsuit Articles had occurred. Yet, new websites appeared harvesting content from the Chicago Tribune Article. Indeed, search results for the Plaintiff's name rapidly changed in an unnatural and dramatic manner to emphasize the Chicago Tribune Article and other webpages referencing the Lawsuit and embarrassing content about the Plaintiff.
So, in , Doe sued the unknown person who had orchestrated this, seeking damages and an injunction ordering plaintiff to undo the search engine optimization. The reputation management company had "denied any involvement in affecting the search results. Our argument was dismissed as frivolous by most constitutional law professors.
It was not until District Court Judge Judge Henry Hudson held that the insurance mandate was indeed unconstitutional that a few constitutional law professors began taking the argument seriously. But in truth, most continued to disparage it. In a lengthy Florida Law Review article, I tried to explain why most law professors missed the boat.
But one reason stands above all others: Our argument rested entirely on existing Supreme Court doctrine; and somewhat surprisingly, some professors did not fully understand the Court's post-New Deal Commerce Clause doctrine. Like those who read the Constitution for what they want it to say, these professors read these post-New Deal cases for what they wanted them to say. Therefore, there was a degree of vindication when, in NFIB v. Sebelius , five justices entirely endorsed the Commerce and Necessary and Property Clause analysis we had formulated in Of course, in NFIB , the Court ultimately upheld the Affordable Care Act when Chief Justice Roberts—alone—invoked a "saving construction" of the "penalty" enforcing the "requirement" to buy private health insurance.
The Chief Justice held that, because the "penalty" could be construed as a tax in important part because it raised revenue for the Treasury , the ACA could be upheld.
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Crucially, he denied that reading the "penalty" this way was the best or natural reading of the statute. We are now witnessing a similar social phenomenon. In Texas v. United States , a single district court judge, Judge Reed O'Connor, has accepted the argument made by state attorneys general: because the Tax Cuts and Jobs Act of TCJA zeroed out the "penalty," it is no longer "fairly possible" to construe the "penalty" as a tax. Judge O'Connor then further held that, since the insurance requirement was unconstitutional, and was inseverable from the rest of the ACA, the ACA in its entirety was now unconstitutional.
The response among law professors to the argument of the state AG's, and the ruling by this lone district court judge, is remarkably similar to their reaction to the rulings of Judge Hudson and, later, District Court Judge Roger Vincent. Once again, they are incredulous; dismissing the argument as silly or ludicrous. To answer this question, we have to distinguish between three issues:. In a series of coauthored blog posts, Professor Josh Blackman and I will maintain that, with respect to the first of these issues, the conventional wisdom of law professors is wrong once again, and wrong for the same reason as last time: these professors have read existing Commerce and Necessary and Proper Clause doctrines as they wish them to be, not as they actually are.
Sebelius that they are misreading. Only once this holding is understood can we then move on to profitably discuss the standing and severability issues as they relate to the ACA. In a subsequent post, we will offer some insights about the standing issue—in particular, the injury-in-fact requirement—that draw upon a comparison of oral argument in NFIB with Chief Justice Roberts' analysis in his written opinion. A close comparison of the two supports the reasonableness of Judge O'Connor's analysis of standing.
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In a final, solo-authored piece, I will offer my thoughts on Judge O'Connor's severability analysis. July 4 is almost over. In the United States, such arguments made mostly by people on the left. This Vox article by Dylan Matthews is an excellent example.
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But similar claims are also made by a few libertarians, such as my George Mason University colleague Bryan Caplan , and by some Canadian and British conservatives. Here are the main arguments typically advanced by modern critics of the Revolution most elaborated at greater length at the links above :.
British rule would have led to an earlier and less violent abolition of slavery. The British Empire abolished slavery in , some thirty years before the United States, and it did not require a bloody civil war to do it.
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A British-ruled America would have treated Native Americans better as witness their apparently superior treatment in Canada. A British America would have had a parliamentary form of government rather than separation of powers, which—among other advantages— would have led to a larger welfare and regulatory state. This latter point, of course, is usually made by left of center critics of the Revolution, not conservative and libertarian ones. The history of Canada and later Australia and New Zealand shows that the British Empire was capable of gradually granting colonies increased autonomy and rights without the need for a bloody revolt.
The Revolutionary War caused enormous bloodshed. Some 25, Americans died a larger percentage of the population than were lost in any of our other wars, besides the Civil War. To that figure, we should add numerous casualties suffered British and French troops, and by German mercenary soldiers hired by the British. The possible gains of the Revolution were not enough to justify this terrible loss of life. This is a weighty critique that Americans should take seriously. We should not adopt a blindly celebratory attitude to our history, but should instead seek out the truth.
Still, the critique falls short. Far from retarding the abolition of slavery, the Revolution actually accelerated it.