Author Archive | John Elwood

OLC In The News–Same-Sex Benefits

Some months back, Chief Judge Kozinksi ordered the Administrative Office of US Courts to submit the health-insurance election of a Ninth Circuit employee to the insurance carrier although the employee sought to cover her same-sex spouse; he construed the Defense of Marriage Act as capable of a construction that would permit that course, which was […]

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Where is Citizens United?

Three new grants but no new opinions today from the Supreme Court. Of particular note, the Court is still ruminating on Citizens United, the election speech case argued back on September 9. It has now taken the Court longer to address the one as-applied challenge in Citizens United than it did to address the slew […]

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Five New OLC Opinions

On the day before Thanksgiving, the Office of Legal Counsel posted five new opinions on its website that had been signed between one day (!) and eleven weeks earlier. This is further evidence that the Office is putting a premium on publishing its opinions roughly contemporaneous with their signing; that can be quite an administrative […]

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CVSG in Staub v. Proctor Hospital

The Court didn’t grant cert in any cases today. It did, however, call for the views of the Solicitor General in Staub v. Proctor Hospital, 09-400, a case presenting the question of the proper standard to employ in determining whether an employer can be held liable based on the unlawful intent of officials who influenced […]

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Second OT2009 Opinion–PC in Capital Case

No Supreme Court opinions in argued cases yet, but we got a second per curiam in a non-argued case. The Court summarily reversed the Sixth Circuit (Merritt, Martin, Moore) in the case of David Bobby (I guess that’s Ricky’s brother), Warden v. Robert J. Van Hook, 09-144, a capital case presenting the question of the […]

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Yesterday’s CVSG in San Francisco Health Care Case

Yesterday, the Supreme Court called for the views of the Solicitor General about a certiorari petition filed in Golden Gate Restaurant Association v. San Francisco, 08-1515, which presents the following question:  Whether ERISA section 514(a), 29 U.S.C. § 1144(a), preempts local laws mandating ongoing employer contributions for employee health-benefits, or alternative payments to a local […]

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Two More OLC Opinions Published:

I spent the weekend in idyllic Orkney Springs, VA. After I left on Friday, the Office of Legal Counsel released two more opinions, both concerning “Einstein 2.0,” which sounds a little like a kid movie sequel (“Beethoven’s 2d,” anyone?), but actually is a cybersecurity initiative used to protect civilian unclassified networks in the Executive Branch […]

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Signing Statements–Sauce for the Goose:

There have been significant developments on the signing statements debate, although I’m unfortunately not in a position to blog them at the moment (I’m on Cape Cod, and my wife, who is preparing for trial upcoming shortly, has a superior claim on the laptop). As recounted in a Charlie Savage article this morning (which I […]

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