Oklahoma
U.S. urges court to deny Hobby Lobby’s lawsuit
OKLAHOMA CITY (AP) — The federal government is urging a judge to deny a request by Hobby Lobby Stores to block the new health care law’s requirement that employers provide coverage for the morning-after pill and similar drugs.
Last month, Hobby Lobby filed a lawsuit in U.S. District Court in Oklahoma City that alleges the mandate is unconstitutional. The company seeks an injunction to prohibit it from being enforced, claiming that the mandate will force the Oklahoma City-based chain’s owners to violate deeply held religious beliefs under threat of heavy fines.
In its response, government attorneys say the arts and crafts supply company cannot claim to exercise religion in an effort to avoid laws designed to regulate commercial activity.
Nebraska
Lawsuit against UNL is moved to federal court
LINCOLN, Neb. (AP) — Nebraska’s federal court will take up a lawsuit accusing the University of Nebraska-Lincoln of illegally closing down handicapped parking stalls on campus during Nebraska home football games.
Richard Norton Jr. filed the lawsuit in September in Lancaster County District Court. The university requested earlier this month that the lawsuit be moved to Nebraska’s federal court.
Norton’s lawsuit says he was not allowed to park in a handicapped stall outside of the University of Nebraska State Museum during a home football game in 2010. Norton says he was told the handicapped spots were being held for university donors.
Norton, who suffers from a physical disability, says he was forced to park several blocks away, and the walk hurt him to the point of having to seek medical treatment.
Virginia
Judges to hear inmate’s appeal over sex-change
RICHMOND, Va. (AP) — A federal appeals court is considering whether a lower court should hear a Virginia inmate’s request for a sex change.
A three-judge panel of the 4th U.S. Circuit Court of Appeals heard the case Wednesday of Ophelia De’Lonta, who has been hospitalized in past self-castration attempts.
Attorneys for the convicted bank robber asked the judges to reverse a lower court ruling that dismissed De’Lonta’s case. Arguments focused on narrow constitutional claims. Judges typically rule a month or two after arguments.
De’Lonta’s attorneys want her case returned to U.S. District Court so they can argue for a sex change operation.
Attorneys for De’Lonta say a medical professional should decide whether the surgery is appropriate — not a judge or prison officials.
She has received hormone treatments and psychotherapy.
Wisconsin
Court upholds conviction in 1999 shoot-out
MADISON, Wis. (AP) — A state appeals court says a man accused of opening fire on Forest County Sheriff’s deputies in 1999 was properly convicted.
A judge sentenced Robert Jacobsen in 2001 to 36 years in prison. Jacobsen, now 31, has mounted a number of unsuccessful appeals since then. He raised multiple issues in his latest attempt, including contentions that prosecutors didn’t have enough evidence to convict him and they failed to correct false testimony implicating him.
The 3rd District Court of Appeals rejected all his arguments Wednesday. The court said Jacobsen should have raised his evidence issues years ago and his trial attorney decided to attack the testimony during cross-examination.
Jacobsen’s appellate attorney, Robert Henak, says he’s disappointed and may ask the state Supreme Court to take the case.
Pennsylvania
3rd Circuit hears appeal over party fliers from church
PITTSBURGH (AP) — A federal court panel heard an appeal by an eastern Pennsylvania school district that wouldn’t let a fifth grader pass out fliers for a Christmas party at her church nearly two years ago.
The Alliance Defending Freedom sued the Pocono Mountain School District in March, claiming the student’s free speech rights were violated because the district has let students hand out fliers for other events, including Halloween parties and even the plaintiff’s younger sibling’s birthday party.
A federal judge in Scranton last year issued a preliminary injunction in the student’s favor, finding the school regulations were too vague.
The district’s attorney told 3rd Circuit judges sitting in Pittsburgh Wednesday that the district needs to protect students from outside advertising.
- Posted October 25, 2012
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