4/29/2023

Supreme Court hears mail carrier’s religious tolerance case

The Supreme Court is being asked to decide under what circumstances businesses must accommodate the needs of religious employees. A case before the justices Tuesday involves a Christian mail carrier in rural Pennsylvania. He was told that as part of his job he’d need to start delivering Amazon.com packages on Sundays. He declined, saying his Sundays are for church and family. U.S. Postal Service officials initially tried to get substitutes for the man’s shifts, but they couldn’t always. When he didn’t show, that meant more work for others. Ultimately, the man quit and sued for religious discrimination. The case is the latest religious confrontation the high court has been asked to referee. In recent years, the court’s 6-3 conservative majority has been particularly sensitive to the concerns of religious plaintiffs. That includes a ruling last year in which the court said a public high school football coach should be allowed to pray on the field after games. Another case the court is weighing this term involves a Christian graphic artist who wants to create wedding websites, but doesn’t want to serve gay couples. A federal law, Title VII of the Civil Rights Act of 1964, requires employers to accommodate employees’ religious practices unless doing so would be an “undue hardship” for the business. But a Supreme Court case from 1977, Trans World Airlines v. Hardison, says employers can deny religious accommodations to employees when they impose “more than a de minimis cost” on the business. Three current justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — have said the court should reconsider the Hardison case. The case currently before the court involves Gerald Groff, a former employee of the U.S. Postal Service in Pennsylvania’s Amish Country. For years, Groff was a fill-in mail carrier who worked on days when other mail carriers were off. But when an Amazon.com contract with the Postal Service required carriers to start delivering packages on Sundays, Groff balked. Initially, to avoid the shifts, Groff transferred to a more rural post office not yet doing Sunday deliveries, but eventually that post office was required to do them too.

4/16/2023

Court rejects governor’s move to dismiss public records suit

The Iowa Supreme Court on Friday refused to dismiss a lawsuit against Gov. Kim Reynolds that seeks to require her office to respond to public record requests. The court in a unanimous decision rejected Reynolds’ argument that her office wasn’t obligated to respond in a timely matter to record requests and that she could avoid the state’s open records law by simply ignoring the requests. The Supreme Court ordered that the case be returned to the district court where it would be decided on its merits. “The governor’s office wanted a rule that it and its agencies can ignore public records requests without any consequences,” said Thomas Story, an attorney for the American Civil Liberties Union of Iowa, which represented three media organizations. “Instead, the Iowa Supreme Court has ruled that nobody is above the law.” In a statement, Reynolds blamed any delays on a busy staff due to the COVID-19 pandemic and said her office now is responding to records requests. “While we disagree that this lawsuit should continue, my office has eliminated the backlog of open records requests and is committed to upholding our responsibility to respond to any new requests in a timely manner,” Reynolds said in a statement. The case stems from a 2021 lawsuit filed by the three media organizations and their reporters who claimed the governor had violated Iowa’s open records law by ignoring requests for government records. The reporters had emailed the governor’s office with eight different open-record requests between April 2020 and April 2021 and renewed each request at least once but didn’t receive any response until filing a lawsuit in December 2021.

4/09/2023

Wisconsin Supreme Court control, abortion access at stake

Control of the Wisconsin Supreme Court, and likely the future of abortion access, Republican-drawn legislative maps and years of GOP policies in the key swing state rests with the outcome an election Tuesday that has seen record campaign spending. The winner of the high-stakes contest between Republican-backed Dan Kelly and Democratic-supported Janet Protasiewicz will determine majority control of the court headed into the 2024 presidential election. The court came within one vote of overturning President Joe Biden’s narrow win in 2020, and both sides expect another close race in 2024. It’s the latest election where abortion rights has been the central issue since the Supreme Court overturned Roe v. Wade last June. It’s also an example of how officially nonpartisan court races have grown into political battles as major legal fights play out at the state level. All of it has fueled spending that will double, and likely triple or more, the previous high of $15.4 million spent on a state court race in Illinois in 2004. Democrats have spent heavily for Protasiewicz and Republicans for Kelly. Democrats are trying to flip control of the court, which has had a majority of conservative justices the past 15 years. That has allowed the court to uphold an array of Republican priorities, including banning absentee ballot drop boxes last year and affirming the 2011 law all-but ending collective bargaining for most public workers.

4/03/2023

UN seeks court opinion on climate in win for island states

The countries of the United Nations led by the island state of Vanuatu adopted what they called a historic resolution Wednesday calling for the U.N.‘s highest court to strengthen countries’ obligations to curb warming and protect communities from climate disaster. The resolution was adopted by consensus and Vanuatu Prime Minister Ishmael Kalsakau called it “a win for climate justice of epic proportions.” He reeled off a string of recent disasters including back-to-back Category 4 cyclones in his own country and record-breaking Cyclone Freddy that refused to leave southeastern Africa in recent weeks. “Catastrophic and compound effects like this are growing in number,” he said. U.N. Secretary-General António Guterres said he hoped the opinion, when issued, would encourage nations “to take the bolder and stronger climate action that our world so desperately needs.” Saudi Arabia and Iraq sought to soften the resolution, which was co-sponsored by some 132 countries, saying it would increase the workload of the international court. Like many Pacific Island nations Vanuatu is at risk of rising seas engulfing swathes of the islands. Scientists say both extreme weather and sea levels have worsened because of climate change caused by the burning of fossil fuels. The resolution asks the court to pay particular attention to the harm endured by small island states. Youth groups bolstered the effort, citing the need to protect the planet for current and future generations. “I don’t want to show a picture to my child one day of my island. I want my child to be able to experience the same environment and the same culture that I grew up in,” said Cynthia Houniuhi of the Solomon Islands, who is president of Pacific Islands Students Fighting Climate Change, a group involved in getting the resolution to the General Assembly. “The environment that sustains us is disintegrating before our eyes.” The group’s Solomon Yeo said “young people across the world will recall the day when we were able to get the world’s highest court, the International Court of Justice, to bring its voice to the climate justice fight.”