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Legal Studies

Big Win for CWA and All Women in Young v. UPS

scstIt was a partial win, but a win nonetheless. The U.S. Supreme Court has vacated and remanded a Fourth Circuit decision in favor of UPS, which is great news for Peggy Young. Let UPS explain to a jury why it cannot accommodate a pregnant woman to do some light work, instead of suspending her without pay because she cannot lift 70-lb. boxes.

I wrote to you about this case when we submitted an amicus brief back in September, but here are the basic facts again. Peggy Young was a UPS driver which required her to do some heavy lifting and which she couldn’t do on doctor’s orders once she became pregnant in 2006. She was then put on unpaid leave because she wouldn’t qualify for the company’s “light duty” accommodation. This left her not only without pay, but without health insurance.

The court below (4th Cir.) sided with UPS, saying that employers can deny accommodations to their pregnant employees so long as no employees with “off the job” injuries are also denied that accommodation.

We object to that conclusion based on the spirit of the Pregnancy Discrimination Act (PDA), which sought to end discrimination against pregnant women and reduce the obvious pressure on women to have an abortion in order not to lose their jobs and health benefits. But the Fourth Circuit believed the PDA only required the company to do as it did for other “similarly situated employees.”

With today’s decision, UPS will have to explain themselves in front of a jury, something I suspect they will try to avoid. They should settle with Ms. Young and provide reasonable accommodation for pregnant women, as they should have done all along.

Click here to read the Court’s opinion.

Senate Minority Whip Dick Durbin Race Baiting Again

Back in 2003, leaked memoranda from Democrats singled out the highly qualified judicial nominee Miguel Estrada as “dangerous” specifically because of his race. “[H]e has a minimal paper trail, he is Latino, and the White House seems to be grooming him for a Supreme Court appointment,” Democrats wrote. Sen. Dick Durbin (D-Illinois) had no problem with his party’s leadership then.

Neither did Sen. Durbin find anything wrong with filibustering Janice Rogers Brown, who had been nominated to the U.S. Court of Appeals for the D.C. Circuit, where she became the first black woman to serve. He voted twice against cloture motions on her nomination.

But now, the minority whip has decided that the GOP is putting Loretta Lynch at “the back of the bus,” because they will hold her nomination until Senate Democrats vote on an anti-sex-trafficking bill. The reasons they are refusing to vote on that are outrageous on their own, but Sen. Durbin’s insinuation on Loretta Lynch should be repudiated by all his colleagues.

If the media held Democrats to the same standards as Republicans, they would be making a big deal about these comments, even going to the President for comments, as they do to every potential GOP nominee on embarrassing comments by any Republican.

Sen. Durbin owes every member of the GOP Senate and Loretta Lynch herself a public apology for insinuating racism is the reason she is being held, for that is exactly what he is saying.

Check out the shameful comments from Sen. Durbin on the video below via The Hill:

Arguments Set for Same-Sex ‘Marriage’ Showdown at the Supreme Court

supremesThe Supreme Court has announced the date for arguments in Obergefell v. Hodges, the cases challenging the constitutionality of laws defining marriage as the union between one man and one woman. Arguments are set for Tuesday, April 28, at 10:00 a.m. The consolidated arguments for all four cases involved will be 2½ hours long.

The questions presented are:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?

2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

Concerned Women for America (CWA) will be submitting an important brief demonstrating that no “suspect classification” should be given to homosexuality, since they are not in any way imaginable “politically powerless.”

Please be in prayer for the Justices, the attorneys and CWA that light may be shone on this issue and that God’s wisdom will prevail.

ObamaCare Back at the Supreme Court

us supreme court for roarThe Patient Protection and Affordable Care Act (a.k.a., ObamaCare) is back at the Supreme Court of the United States today. Oral arguments in King v. Burwell are schedule for 10:00 a.m., ET. The case deals with language in the law that offers subsidies “through an Exchange established by the State.” The problem came when several states declined the invitation to establish such exchanges, and the federal government decided to establish federal exchanges, contrary to the literal reading of the law. There is no provision in ObamaCare authorizing the federal exchanges.

There have been several cases similar to this one. One of them, Halbig v. Burwell, was brought in part and named after former Concerned Women for America (CWA) employee Jacqueline Halbig. In that case, the court found the federal exchanges indeed violated the law. Other cases however, have concluded otherwise, which is why King v. Burwell is before the Supreme Court today.

The significance of this case is considerable since, as most of you know, CWA has worked against ObamaCare’s detrimental impact on the family since the law's conception. Let us pray for today’s proceedings and the Justices, whatever the outcome.

The transcript of today’s arguments will be available later today. The audio will be available Friday. I’ll post some thoughts after the arguments, so be sure to check the blog later today.

The IRS Scandal Continues

Do you remember the thousands of e-mails the Internal Revenue Service’s Lois Lerner lost when her hard drive conveniently crashed? Well, it turns out they’ve now been found. This unbelievable news comes on the heels of reports that she earned over $129k in bonuses while at the IRS between 2010 and 2013. Not to mention the fact that Ms. Lerner still today continues to get paid by us, the taxpayers. Check out this report from FOX News for the latest bombshell discovery:

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