Saturday, April 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.

Wednesday, April 19, 2023

Supreme Court rejects Turkish bank’s arguments in Iran case

The Supreme Court on Wednesday rejected a Turkish bank’s main arguments for dismissing a lawsuit accusing it of helping Iran evade U.S. sanctions, but the court sent the case back for additional review. Halkbank, a bank owned by Turkey, had argued that a federal law, the Foreign Sovereign Immunities Act of 1976, gave foreign states absolute immunity from criminal prosecution in U.S. courts. It also said federal courts don’t have jurisdiction to oversee the case. “We disagree with Halkbank on both points,” Justice Brett Kavanaugh wrote for himself and six of his eight colleagues. Still, Kavanaugh said the case should go back to a lower court for further review. He said the lower court “did not fully consider the various arguments regarding common-law immunity that the parties press in this Court.” The federal government says the bank “participated in the largest-known conspiracy to evade the United States’ economic sanctions on Iran,” laundering billions of dollars worth of Iranian oil and natural gas proceeds. The government says that working with an Iranian-Turkish businessman, the bank created ways for Iran to access the funds — including shipments of gold and fake food shipments. The government says that the schemes “freed up approximately $20 billion of restricted Iranian funds.” The businessman, Reza Zarrab, has pleaded guilty. The case was initiated under the Trump administration but was continued by the Biden administration. The case is Turkiye Halk Bankasi A.S. v. United States, 21-1450.

Monday, April 3, 2023

After Nashville, Congress confronts limits of new gun law

Nine months ago, President Joe Biden signed a sweeping bipartisan gun law, the most significant legislative response to gun violence in decades. “Lives will be saved,” he said at the White House. The law has already prevented some potentially dangerous people from owning guns. Yet since that signing last summer, the tally of mass shootings in the United States has only grown. Five dead at a nightclub in Colorado. Eleven killed at a dance hall in California. And just this past week, three 9-year-olds and three adults were shot and killed at an elementary school in Nashville, Tennessee. A day after that school shooting, Biden’s tone was markedly less optimistic than it was the signing ceremony. “What in God’s name are we doing?” he asked in a speech Tuesday, calling for a ban on so-called assault weapons like those that were used to kill at The Covenant School in Nashville. “There’s a moral price to pay for inaction.” Biden and others had hailed last year’s bipartisan gun bill — approved in the weeks after the shooting of 19 children and two adults at a school in Uvalde, Texas — as a new way forward. Several months in, the law has had some success: Stepped-up FBI background checks have blocked gun sales for 119 buyers under the age of 21, prosecutions have increased for unlicensed gun sellers and new gun trafficking penalties have been charged in at least 30 cases around the country. Millions of new dollars have flowed into mental health services for children and schools.