Tag Archives: Topic: Justiciability

Keen News Service: It is hard to overstate the potential impact of the upcoming U.S. Supreme Court cases concerning marriage for same-sex couples. The primary questions posed by the two cases—Hollingsworth v. Perry involving Proposition 8 and U.S. v. Windsor involving the Defense of Marriage Act—could lead to rulings that dramatically advance the equality of LGBT people under the law. But the Supreme Court may end up issuing no ruling in either case.  How is that possible?

Religion Clause Blog: In Persico v. Sebelius, (WD PA, Jan. 22, 2013), a Pennsylvania federal district court dismissed on ripeness grounds a challenge to the Affordable Care Act’s contraceptive mandate brought by the Catholic Diocese of Erie, Pennsylvania and two organizations affiliated with Pennsylvania Catholic Charities.

Matt Bowman at the Alliance Defending Freedom Blog: Religious freedom won a victory in New York in the first week of December when a federal court ruled on behalf of the Archdiocese of New York and other Catholic entities and …

Religion Clause Blog: In Roman Catholic Archdiocese of New York v. Sebelius, (ED NY, Dec. 5, 2012), a New York federal district court permitted the Archdiocese of New York, the Catholic Health Care System (ArchCare) and Catholic Health Services of Long Island to proceed with their 1st Amendment, RFRA and Administrative Procedure Act challenges to the contraceptive coverage mandate imposed under the Affordable Care Act.

Religion Clause Blog: In Zubik v. Sebelius, (WD PA, Nov. 27, 2012), a Pennsylvania federal district court dismissed on ripeness and standing grounds a challenge by the the Catholic Diocese of Pittsburgh, Catholic Charities of Pittsburgh and Catholic Cemeteries Association of Pittsburgh to the contraceptive coverage mandate issued under the Affordable Care Act.

Religion Clause Blog: Now in Independent School District No. 5 of Tulsa County v. Spry, (OK Sup. Ct., Nov. 20, 2012), in a 7-2 decision, the Oklahoma Supreme Court reversed that decision on standing grounds. It held that the school districts which were plaintiffs in the lawsuit lack standing because they are not taxpayers who have a right to challenge the program . . .

Religion Clause Blog: In Cassidy v. City of Brewer, (D ME, Nov. 19, 2012), a Maine federal district court dismissed on ripeness grounds a RLUIPA religious discrimination claim because plaintiff did not appeal the decision of the city’s code enforcement officer to the zoning board of appeals.