Posts tagged with: Law/Crime

Notre_Dame_signEarlier today the Supreme Court threw out an appeals court decision that went against the University of Notre Dame over its religious objections to the Obamacare health law’s contraception requirement.

Last summer the high court ruled that Hobby Lobby Stores Ltd could, on religious grounds, seek exemptions from the contraception provision. Because this case, Notre Dame v. Burwell, was the only appeals court decision on the issue that pre-dated that ruling, the Supreme Court sent it back to the Seventh Circuit Court of Appeals to reconsider its decision ruling in light of the Hobby Lobby ruling.

Until now, Notre Dame was the only nonprofit religious ministry in the nation without protection from the HHS mandate. According to the Becket Fund for Religious Liberty, the federal government has relied heavily on the decision against Notre Dame in courts around the country, arguing that it should be able to impose similar burdens on religious ministries like the Little Sisters of the Poor.

“This is a major blow to the federal government’s contraception mandate. For the past year, the Notre Dame decision has been the centerpiece of the government’s effort to force religious ministries to violate their beliefs or pay fines to the IRS,” said Mark Rienzi, Senior Counsel of the Becket Fund, which filed an amicus brief in the case. “As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. The government fought hard to prevent this GVR, but the Supreme Court rejected their arguments.”

 

 

ssmweddingcakeThe U.S. judiciary has made it increasingly clear that the rights of conscience either do not apply or are strictly limited for people who own businesses that serve the public. We have an obligation to keep fighting against this injustice against this judicial tyranny, but in the meantime, what are business owners to do? How, for example, should they respond when forced to violate their conscience by serving a same-sex wedding?

That question has been recently debated on Public Discourse, the excellent website of the Witherspoon Institute, by Russell K. Nieli and Jeffery J. Ventrella. Both men agree it would be morally permissible and even commendable for business owners to avoid violating the law by ceasing to serve all weddings, whether traditional or same-sex, or even by ceasing operations completely and finding another line of work. But they disagree on other options. Nieli suggests it would be morally permissible for such shopkeepers to comply with the law and provide services to same-sex couples if they also announced publicly. Ventrella disagrees, arguing that complying with an unjust law is always morally wrong and thus that any shopkeeper implementing Nieli’s suggestion would be engaged in an action that is inherently immoral.

Robert T. Miller joins the debate and asserts that a shopkeeper who objects to sex-same weddings but who nevertheless provides services at such weddings generally acts in a morally permissible way if he acts to comply with a validly-enacted law, to preserve the goodwill of his business, and to make a just profit.
(more…)

ferguson-shootingSince last August, federal prosecutors and civil rights investigators have been investigating whether the killing of Michael Brown by Ferguson, Missouri police officer Darren Wilson was a civil rights violation. In an 86-page report released Wednesday, the Justice Department cleared the officer of any criminal wrongdoing or violation of civil rights in the shooting. Here are some highlights from that report.

• FBI agents independently canvassed more than 300 residences to locate and interview additional witnesses. Federal investigators also collected cell phone data, searched social media sites, and followed up on tips from citizens in order to investigate all sources of information. (p. 4)

• “The evidence, when viewed as a whole, does not support the conclusion that Wilson’s use of deadly were “objectively unreasonable” under the Supreme Court’s definition.” (p. 5)

• The investigation uncovered forensic evidence that confirms Brown reached into the police officer’s vehicle and punched and grabbed Wilson. Brown also grabbed Wilson’s firearm and attempted to wrestle control of it from the police officer, suffering a bullet wound to the hand during the altercation and leaving DNA evidence inside the vehicle. (p. 6).

• Brown was not shot in the back and there is no evidence he was shot while running away. Brown ran 180 feet away before turning back and advancing on Wilson. Wilson fired a total of 12 shots, 2 in the vehicle and 10 on the roadway, but only hit Brown 6-8 times, including the shot to the hand. Brown fell to the ground with his uninjured hand balled up in his waistband. (Wilson testified he thought Brown was reaching into his waistband for a weapon.) Evidence proves that Wilson did not touch Brown’s body after the shooting. (p. 7)

• All credible witnesses established that Brown was moving toward Wilson—“charging”, “moving slowly,” “running,” etc.—when he was shot. Although some witnesses state Brown held his hands up at shoulder level with his palms facing outward for a brief moment, these same witnesses describe Brown as dropping his hands and “charging” Wilson. (p. 8)
(more…)

o-SUPREME-COURT-BUILDING-facebookOne of the core principles of the Acton Institute is the importance of the rule of law: “The government’s primary responsibility is to promote the common good, that is, to maintain the rule of law, and to preserve basic duties and rights.”

While most conservatives would agree with this sentiment, there has recently been a lot of confusion about what defending the rule of law requires and entails. The most troubling mistake is the confusion of the rule of law with judicial supremacy, the view that the Supreme Court gets to have the “final say” on the meaning of the Constitution and that the other branches of government may not contradict it.

As Carson Holloway says, conservatives should defend the Constitution and the rule of law, but they should not defend judicial supremacy. The Constitution—not the Supreme Court—is our country’s highest authority:

(more…)

Blog author: jballor
Friday, February 27, 2015
By

Leonard Nimoy by Gage Skidmore 2.jpgAt the prodding of my friend Victor Claar, here’s a plea based on the significance of the Vulcan salute pioneered by Leonard Nimoy, who passed away today at the age of 83.

Mr. Spock would wish someone farewell by saluting them and saying, “Live long and prosper.” Other Vulcans or those in the know might respond, “Peace and long life.”

Things go in cycles, and we’ve been hearing a lot about “flourishing” lately. I’m a bit tired of it, frankly, and am making a plea for speaking about “prosperity” instead.

At least for today, that seems appropriate (and as long as we remember that, as the preacher of true prosperity put it, “Life does not consist in an abundance of possessions.”).

For more on the religious heritage of the Vulcan salute, check out its origin story.

Fail-Debtors-Prison-Poor-TaxWhile payday loans can help some people out of a financial jam, they tend to prey on the poor and create a usury situation. Now that same predatory financial monster is moving into a new territory: bonds, courts fees and fines.

Take the case of Kevin Thompson, a 19-year-old who was fined for speeding and failure to renew his license. Although he had a job, he could not afford to pay the $810 fine the court handed down. What happens next sounds Kafka-esque: (more…)

One of the trailers used by Signal, International to house workers

One of the trailers used by Signal, International to house workers

While sex trafficking gets a lot of attention in the media, labor trafficking is actually more common. It largely affects middle-aged men, most of whom are looking for ways to support themselves and their families. Often faced with overwhelming poverty, these men make ill-informed and risky choices, hoping that what they are being told by potential employers is true.

In a landmark case, a Gulf Coast company, Signal International, has been ordered to pay $14 million in damages to men they had “hired” from India.

After more than four weeks of testimony and several days of deliberations, the jury found that marine construction company Signal International and its agents engaged in human trafficking, forced labor and racketeering, among other violations. (more…)

dark webWe all use search engines every day. Don’t know a word? Google it. Can’t remember exactly what that restaurant’s address was? Yahoo will know.

These search engines (and others) are extremely helpful for our everyday lives; they help us shop, do our jobs, attend to school work and link us to entertainment and games. However, they only scratch the surface of the world wide web. Under that surface is the Dark Web, and it is the playground of human traffickers. Until know, it was nearly impossible to search the Dark Web in order to track down such illegal activity. (more…)

islamic-state-beheads-christiansWhat just happened in Libya?

Islamic State (IS) released a video on Sunday that appeared to show the beheadings of 21 Egyptian Christians in Libya. The footage showing the deaths of the Egyptian martyrs appeared on the Twitter feed of a website that supports IS.

In the video, militants in black marched the captives, dressed in orange overalls, to a beach the group said was near Tripoli, the capital of Libya. The victims—all men—were forced down onto their knees and then beheaded.

A caption on the five-minute video read: “The people of the cross, followers of the hostile Egyptian church.” Before the killings, one of the militants stood with a knife in his hand and said: “Safety for you crusaders is something you can only wish for. . . The sea you have hidden Sheikh Osama Bin Laden’s body in, we swear to Allah we will mix it with your blood.”

The militant speaker then pointed northward and said, “We will conquer Rome, by Allah’s permission.”

The video is one of the first showing beheadings by IS affiliated group outside their core territory in Syria and Iraq.

Why were the Egyptian Christians in Libya?

According the Jerusalem Post, despite the increasing chaos in Libya, thousands of Egyptians have traveled to the region over the past four years in search of jobs. The 21 Christians were workers kidnapped by IS in December and January from the coastal town of Sirte in eastern Libya, an area now under the control of Islamist groups.

Who is Islamic State?
(more…)

IVCF_bannerEarlier today a federal appeals court handed down an important ruling that protects the liberties of religious organizations.

In the case of Alyce Conlon v. InterVarsity Christian Fellowship/USA, the United States Court of Appeals for the Sixth Circuit rejected a plaintiff’s attempt to enforce state and federal gender discrimination laws on one of the nation’s largest Christian campus ministries.

According to the court opinion, Alyce Conlon worked at InterVarsity Christian Fellowship/USA (IVCF) in Michigan as a spiritual director, involved in providing religious counsel and prayer. She informed IVCF that she was contemplating divorce, at which point IVCF put her on paid—and later unpaid—leave. Part of IVCF’s employment policy is that “[w]here there are significant marital issues, [IVCF] encourages employees to seek appropriate help to move towards reconciliation” and IVCF reserves the right “to consider the impact of any separation/divorce on colleagues, students, faculty, and donors.”

When Conlon’s marital situation continued to worsen despite counseling efforts, IVCF terminated her employment. Conlon sued IVCF and her supervisors in federal district court under Title VII and Michigan law. IVCF claimed the First Amendment’s ministerial exception to employment laws.

The Sixth Circuit rejected Conlon’s claims based on conclusions in the Supreme Courts’ ruling in Hosanna-Tabor Evangelical Lutheran Church and School (2012).
(more…)