Whither judicial minimalism?

1
July 25, 2013
Hunter-Of-Justice

  There is virtually no dispute among elite voices in the law – of the political left or right – that the courts that adjudicate best are those that adjudicate the least number of questions necessary to resolve a dispute. Consider the call of leftist Professor Mark Tushnet to take power away from the courts, […]

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Sex discrimination prohibition protects trans students as well as employees

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July 25, 2013
NHHS

The use of Title VII to prohibit employment discrimination based on gender identity has become widespread, both in the courts and through the EEOC’s and  the Justice Department’s decisions in Macy v. Holder.  Now the Obama Administration is extending its reliance on another sex discrimination law, Title IX, to protect trans students from discrimination by […]

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Ohio federal judge orders recognition of Maryland same-sex marriage

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July 22, 2013
Wedding-rings

In a case with heartbreaking facts, U.S. District Judge Timothy Black, sitting in Cincinnati, has ordered the registrar of vital statistics to classify a man as married who was flown to Maryland in a medically equipped jet so that he and his partner could marry before his death. Judge Black noted that John Arthur, who […]

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Parliament grants final approval to same-sex marriage + Queen signs

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July 17, 2013
British-Museum

Gay couples in England and Wales will be able to marry [CORRECTION:] next year, following action by the House of Commons yesterday approving marriage equality legislation. As a formality, the final word will come from the Queen – how appropriate – who is set to sign the bill into law, although the date has not […]

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For red politicians in purple states, gay marriage is a nightmare

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July 11, 2013
Color-Background-TMarchev

Despite his bromance with President Obama and Prince Harry, New Jersey Governor Chris Christie is in a pickle. One one hand, he’s a conservative governor elected in a traditionally blue state, which gives some plausibility for messaging (horrible word) that he’s moderate, and that’s significant. Because unless something very strange happens, he’s going to run […]

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ENDA: All marked up and headed for the floor

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July 10, 2013
Senate-full

In an almost perfunctory proceeding, the Senate Health Education Labor and Pensions Committee voted today to send S. 815  - aka the Employment NonDiscrimination Act –  to the Senate floor for a vote by the full body. It was the first meaningful Congressional action on ENDA since 2007, when a version passed the Houe that, […]

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