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Ninth Circuit Urged to Toss Health Care Mandate for Seattle Hotel Workers

Seattle’s new law requiring hotel owners to pay workers health benefits should be tossed out for violating ERISA, an industry group told a Ninth Circuit panel Monday. SEATTLE (CN) — An ERISA industry group told a Ninth Circuit panel that a new Seattle law requiring large hotel owners to provide specific health benefits to employees should be struck down because it is preempted by federal law. The city ordinance makes hotels with 100 or more guest rooms provide full time workers with benefit...
United States Miller Chevalier Jeremiah Miller Jay Bybee Thomas Zilly Georgew Bush

9th Circuit revives Oregon lawyers' freedom-of-association challenge to mandatory bar membership

9th Circuit revives Oregon lawyers freedom-of-association challenge to mandatory bar membership   Image from Shutterstock. The San Francisco-based 9th U.S. Circuit Court of Appeals has revived a First Amendment challenge to the Oregon State Bars mandatory membership requirement. Ruling Friday in two cases brought by Oregon lawyers, the appeals court said the plaintiffs could not bring a free-speech challenge to mandatory fees. But the appeals court said the plaintiffs could pursue their claim ...
United States Lawrence Vandyke Jay Bybee Kathleen Cardone Debra Cassens Weiss Supreme Court

Ninth Circuit Sends Mandatory Bar Membership Question Back to Federal Court

An Oregon lawyer will get to argue that lawyers shouldn’t be required to join the state bar, in light of a 2018 statement the bar made condemning white supremacy that he says violated his First Amendment right to free association. The Ninth U.S. Circuit Court of Appeals in San Francisco. (Photo credit: Sanfranman59/Wikipedia) (CN) — Can the Oregon State Bar require lawyers to maintain membership, even though it runs political columns in its monthly Bulletin that they might not agree with? I...
United States San Francisco Lawrence Vandyke Jay Bybee Kathleen Cardone Daniel Crowe

Ethics Consult: Doctor Complicit in Torture? MD/JD Weighs In

Yes: 79% No: 21% . The canons of medical ethics have long banned physicians from participating in torture. These proscriptions were explicitly laid out in the World Medical Associations Declaration of Tokyo (1975), the United Nations Principles of Medical Ethics (1982), and the United Nations Convention against Torture (1984). The American Medical Association Code of Medical Ethics goes one step further, noting that "physicians must not be present when torture is used or threatened." The AMA co...
United States John Yoo Jay Bybee John Banner Jacobm Appel American Psychiatric Association

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A four-year timeline of Donald Trump and the Supreme Court

A four-year timeline of Donald Trump and the Supreme Court Here’s a timeline of key events involving Trump and the Supreme Court over the past four years: 2017 Jan. 20: Chief Justice John Roberts administers the oath of office to President Donald Trump, who swears to “preserve, protect and defend the Constitution of the United States.” Jan. 27: Trump signs an executive order for a new travel ban, a key provision of which bars foreigners from seven countries, most of them majority-Muslim....
United States Rose Garden Donald Trump Amy Coney Barrett Jay Bybee Justice John Roberts
Source: kyma.com

9th Circ. Judge Doubts Insurer's SLAPP Sinking Tower Fight

A Ninth Circuit judge appeared skeptical Friday of a New Jersey insurance company's efforts to toss under California's anti-SLAPP law an engineering firm's bad faith counterclaim in litigation over San Francisco's notorious sinking Millennium Tower, asking the insurer, "Why didn't you just fight the thing on the merits?"
United States New Jersey San Francisco Jay Bybee Insurance Co Ninth Circuit
Source: law360.com

US immigration rule hits immigrants without health insurance

The US Court of Appeals for the Ninth Circuit recently ruled that Trump can ban immigrants from US entry if they don’t have approved health insurance. Judge Daniel Collins, appointed by the outgoing US President, ruled that Trump had the authority to block immigrants from entering the US without health insurance under the Immigration and Nationality Act (INA).   Judge Jay Bybee, appointed under the George W. Bush administration, sided with Judge Collins’ ruling, while Judge A. Wallace Tash...
United States White House District Of Columbia Jay Bybee Daniel Collins Georgew Bush

Donald Trump extends visa ban, health coverage policy advances

Donald Trump extends visa ban, health coverage policy advances Agencies January 1, 2021 Washington, Jan 1: President Donald Trump on Thursday extended pandemic-related bans on green cards and work visas to large groups of applicants through March 31, while a federal appeals court sided with him on a rule that requires new immigrants to have their own health insurance. The twin developments on the final day of 2020 encapsulated how Trump has made US immigration policy more restrictive without su...
United States San Francisco Danielp Collins Jay Bybee Georgew Bush A Wallace Tashima

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