Quo Vadis GOP?

[Syt]

https://news.yahoo.com/desantis-board-says-disney-stripped-181000223.html

[...]

But board members also approved hiring four outside law firms with Chairman Martin Garcia citing a need for "lawyers that have extensive experience in dealing with protracted litigation against Fortune 500 companies."

One of those firms is Cooper & Kirk, which has gotten more than $2.8 million in legal fees and contracts from the DeSantis administration to defend a controversial social media law, a ban on cruise ship COVID-19 "vaccine passport" requirements, and a restriction on felons seeking to vote.

Cooper & Kirk's lawyers will bill $795 an hour, according to the firm's engagement letter. The boutique firm's roster of lawyers includes Adam Laxalt, who roomed with DeSantis when he was training at the Naval Justice School in 2005 and made an unsuccessful bid for U.S. Senate last year in Nevada.

The firm's alumni include Republican U.S. Sens. Ted Cruz of Texas and Tom Cotton of Arkansas.

The board also approved bringing on Lawson Huck Gonzalez, a law firm that was launched earlier this year. One of its founders is Alan Lawson, a retired Florida Supreme Court justice.

[...]

[The Larch]

Seems that rather than Cooper & Kirk it should be renamed to GOP & GOP.

[The Minsky Moment]

If the Board is going to waste public money on expensive lawyers (no objection from me there), they would be better advised to select counsel based on their relevant expertise rather than their political connections.

That is, if their objection is to win.

Oh, wait, now I get it.

[Syt]

https://news.bloomberglaw.com/health-law-and-business/obamacare-preventive-services-mandate-blocked-by-federal-judge

Obamacare Preventive Care Mandate Limited by Federal Judge

Employers throughout the country will no longer have to provide employees with health plans that pay in full for certain preventive health-care services, including drugs to treat AIDS and HIV.

A federal judge in Texas Thursday vacated actions taken by the US Health and Human Services Department to implement or enforce certain Affordable Care Act preventive services coverage requirements recommended by a task force that he determined wasn't constitutionally appointed.

Judge Reed C. O'Connor, of the US District Court for the Northern District of Texas, granted Braidwood Management Inc.'s request for a "universal" remedy entirely blocking enforcement of recommendations made by the US Preventive Services Task Force, most notably those requiring no-cost coverage for pre-exposure prophylactic drugs, which prevent HIV and are taken by many gay people, and sexually transmitted disease screenings.

The decision doesn't affect coverage recommendations made by the Health Resources and Services Administration and the Advisory Committee on Immunization Practices. These include contraceptive care and vaccine recommendations. Both those groups are subject to HHS oversight.

The full list of preventative services for which PSTF has recommended no-cost coverage can be found at https://www.uspreventiveservicestaskforce.org/uspstf/recommendation-topics/uspstf-a-and-b-recommendations.

It includes breast and cervical cancer screenings, diabetes screening, and vision tests for preschool-aged children.

In September, O'Connor held that the PSTF, which determines some of what qualifies as covered preventive measures under the ACA, can't validly do so because its members aren't subject to Senate confirmation and their recommendations aren't reviewed by constitutionally appointed government officials.

But O'Connor left the remedy open at the time, asking the parties for supplemental briefing on whether the government should be entirely blocked from requiring health plans that cover services identified by the task force, or if his decision should apply solely to Braidwood.

O'Connor agreed with the plaintiffs that the Administrative Procedure Act authorized the court to vacate every action taken by the government pursuant to the PSTF's recommendations.

Major medical and patient groups had argued that a nationwide order would jeopardize health care for millions of Americans, leading to preventable deaths and higher costs for treating diseases that could have been detected earlier by free screenings.

O'Connor also invalidated Obamacare's HIV treatment mandate in the same case, saying it violated Christian employers' rights under the Religious Freedom Restoration Act. On Thursday, he blocked the government from taking any action against Braidwood and the other religious objectors that would require them to provide insurance that would pay for PReP.

Jonathan Mitchell of Austin, Fillmore Law Firm LLP, and America First Legal Foundation represent Braidwood. The US Department of Justice represents the government.

The case is Braidwood Mgmt., Inc. v. Becerra, N.D. Tex., No. 20-cv-283, 3/30/23.

(Updated throughout to add more detail about the court's decision.)

As to why I put this in the GOP thread - the judge seems to be a go-to guy for GOP causes célèbres: https://en.wikipedia.org/wiki/Reed_O%27Connor#Significant_cases

[Valmy]

I thought caring for the sick was something Christians were interested in? I don't understand this religion.

[The Minsky Moment]

As to why I put this in the GOP thread - the judge seems to be a go-to guy for GOP causes célèbres: https://en.wikipedia.org/wiki/Reed_O%27Connor#Significant_cases

That's the model, the plaintiff's lawyers target the judge they want, then find a willing plaintiff in that district, and bring the case.

[grumbler]

Worth a poll on who will be last here? :p

We all know it's grumbler.

The first shall be the last.  I think that that's Grey Fox.

[Syt]

Clip from a committee hearing at the Texas House of Representatives on a Transgender bill this week:

https://twitter.com/ErinInTheMorn/status/1641506720047329280?s=20

[OttoVonBismarck]

A Trump-appointed judge responding to a plaintiff suing about the Tennessee drag bill has stayed implementation of the legislation. In his order he says the bill appears to be unconstitutionally vague and infringe the First Amendment.

[Barrister]

Disney tricks DeSantis, uses British royal family in agreement to strip new board of power. Guess Disney has better lawyers then the state.

https://www.theguardian.com/us-news/2023/mar/30/disney-ron-desantis-florida-dont-say-gay

I know this is from a week ago, but I was on holidays back then.

I think every lawyer had a wry little smile at this story.  The whole "Life of King Charles II plus 21 years" is classic "Rule against perpetuities", which is one of those oddball common law rules that hardly ever comes up - but when it does come up it can be hugely important.

p.s. Manitoba, where I went to school, abolished the Rule against Perpetuities.

[The Minsky Moment]

Florida hasn't revoked the RAP but they enacted a backup that is common in many states.  Even if the future interest isn't drafted properly under the RAP, it will still be treated as effective unless 90 years passes and the interest hasn't expired.

[Syt]

So there's been a court case in FL where a Rebekah Jones claims she was asked to manipulate Covid numbers by her boss. When she went to someone else, asking how to file a whistleblower complaint against her boss but was then fired when her boss learned about it. The state had different charges against her, details are here: https://eu.palmbeachpost.com/story/news/coronavirus/2023/03/16/former-florida-covid-data-chief-rebekah-jones-files-lawsuit-to-get-her-job-back/70012914007/

At any rate, this is her on Twitter. Obviously, not easy to verify if truth, manipulated truth or fully fabricated, but still ...

[Barrister]

So there's been a court case in FL where a Rebekah Jones claims she was asked to manipulate Covid numbers by her boss. When she went to someone else, asking how to file a whistleblower complaint against her boss but was then fired when her boss learned about it. The state had different charges against her, details are here: https://eu.palmbeachpost.com/story/news/coronavirus/2023/03/16/former-florida-covid-data-chief-rebekah-jones-files-lawsuit-to-get-her-job-back/70012914007/

At any rate, this is her on Twitter. Obviously, not easy to verify if truth, manipulated truth or fully fabricated, but still ...

Syt, depends on how deep down the rabbit hole you want to go, but Rebekah Jones's fundamental credibility on the whole Covid-19 story has been seriously questioned, and as such I would not fully accept much she has to say without verification.

[Josquius]

Disney tricks DeSantis, uses British royal family in agreement to strip new board of power. Guess Disney has better lawyers then the state.

https://www.theguardian.com/us-news/2023/mar/30/disney-ron-desantis-florida-dont-say-gay

I know this is from a week ago, but I was on holidays back then.

I think every lawyer had a wry little smile at this story.  The whole "Life of King Charles II plus 21 years" is classic "Rule against perpetuities", which is one of those oddball common law rules that hardly ever comes up - but when it does come up it can be hugely important.

p.s. Manitoba, where I went to school, abolished the Rule against Perpetuities.

Truly bizzare on so many levels.

But then this whole case is weird what with republicans accidentally trying to do the right thing and tackle corporations with too much power but for absolutely backwards reasons of the corporation being the one respecting it's workers more than the state....

[Valmy]

Life of Charles II plus 21 years? So 1706?