RE: The contraception mandate under Empoyment Division v Smith

2012-05-24 Thread Rick Garnett
Dear colleagues,

Here is the complaint, filed today by the University of Notre Dame, challenging 
the mandate on RFRA, FEC, and other grounds.  Among other things, it has the 
information (I think) that Kevin is asking about.

http://opac.nd.edu/assets/69013/hhs_complaint.pdf

Best,

Rick

Richard W. Garnett
Professor of Law and Associate Dean
Notre Dame Law School
P.O. Box 780
Notre Dame, Indiana 46556-0780

574-631-6981 (w)
574-276-2252 (cell)

SSRN pagehttp://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=342235

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Pybas, Kevin M
Sent: Monday, May 21, 2012 11:13 AM
To: Law  Religion issues for Law Academics
Subject: RE: The contraception mandate under Empoyment Division v Smith

I'm very late to this thread but does anyone know where I might find a list of 
parties exempt, wholly or partially, from the health care reform law? I 
believe, for example, that the Amish are exempt. But am interested in the 
complete exemption picture, so will appreciate any guidance anyone can offer.

Thanks.
Kevin Pybas
Missouri State University

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Saturday, February 11, 2012 10:53 AM
To: 'Law  Religion issues for Law Academics'
Subject: RE: The contraception mandate under Empoyment Division v Smith

The first claim in the pending complaints is RFRA, which of course completely 
avoids the Smith problem.  The free exercise count alleges that there are both 
statutory and administrative exceptions that affect tens of millions of 
Americans who will get no coverage, or less than full coverage, from their 
employers, so that the law is not neutral and generally applicable. I have not 
looked at any of these provisions. But the employers who are permitted to 
provide less than full coverage seems the most powerful example here. These 
exceptions go not only to general applicability, but also to the compelling 
interest argument under both RFRA and the Free Exercise Clause

Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA  22903
 434-243-8546

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RE: The contraception mandate under Empoyment Division v Smith

2012-05-24 Thread Pybas, Kevin M
I'm very late to this thread but does anyone know where I might find a list of 
parties exempt, wholly or partially, from the health care reform law? I 
believe, for example, that the Amish are exempt. But am interested in the 
complete exemption picture, so will appreciate any guidance anyone can offer.

Thanks.
Kevin Pybas
Missouri State University

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock
Sent: Saturday, February 11, 2012 10:53 AM
To: 'Law  Religion issues for Law Academics'
Subject: RE: The contraception mandate under Empoyment Division v Smith

The first claim in the pending complaints is RFRA, which of course completely 
avoids the Smith problem.  The free exercise count alleges that there are both 
statutory and administrative exceptions that affect tens of millions of 
Americans who will get no coverage, or less than full coverage, from their 
employers, so that the law is not neutral and generally applicable. I have not 
looked at any of these provisions. But the employers who are permitted to 
provide less than full coverage seems the most powerful example here. These 
exceptions go not only to general applicability, but also to the compelling 
interest argument under both RFRA and the Free Exercise Clause

Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA  22903
 434-243-8546

___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.