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Sorry, Senator Grassley, We Need More Judges on the D.C. Circuit

Posted by Amy K. Matsui, Senior Counsel and Director of Women and the Courts | Posted on: May 21, 2013 at 05:15 pm

The Senate Judiciary Committee unanimously approved the nomination of Sri Srinivasan to the D.C. Circuit Court of Appeals at its executive business meeting last Thursday. Lest anyone become confused and interpret this bipartisan support as a sign that the determined obstruction that has kept all four vacant seats on the D.C. Circuit empty might relent, Senator Grassley proposed in his opening statement that the Committee hold hearings on the D.C. Circuit's workload "before we move on any further D.C. Circuit nominations, beyond that of the current nominee." This follows on the heels of Senator Grassley's introduction of legislation that would, in defiance of reality, recent history, and the reasoned judgment of the United States Judicial Conference, strip the D.C. Circuit of three seats. Instead, the "Court Efficiency Act" would add two seats to other circuits (one to the Eleventh and one to the Second). 

First, the facts. There are currently four vacancies on the D.C. Circuit, one of which (and the seat to which the highly qualified Caitlin Halligan was nominated) has been vacant since Chief Justice Roberts was elevated in 2005. In addition to lacking over one-third of its authorized judges, the Circuit's specialized and complex caseload definitely justifies filling the rest of the current vacancies. As Chief Justice Roberts has written, one-third of D.C. Circuit appeals are from agency decisions. Often, these administrative law appeals have enormous documentary records, implicate complex statutes and agency guidance, and may involve numerous parties and amici curiae — making them far more time-consuming than other types of cases. In any event, since the last judge was confirmed to the D.C. Circuit (Thomas Griffith, in 2005), the caseload has increased more than 50% from 119 pending cases per active judge to 188 pending cases per active judge. 

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Breaking News - Abortion Ban Struck Down!

Posted by Leila Abolfazli, Senior Counsel | Posted on: May 21, 2013 at 04:10 pm

Good news! The Ninth Circuit has struck down Arizona's law [PDF] that would ban abortions after 20 weeks gestation. The court said what we have been saying all along: this law is unconstitutional. "Because [the law] deprives the women to whom it applies of the ultimate decision to terminate their pregnancies prior to fetal viability, it is unconstitutional under a long line of invariant Supreme Court precedents." (Emphasis my own.) 

This decision overturned a lower court's decision upholding Arizona's law. In doing so, the court rejected Arizona's argument that the law did not actually prohibit abortion because it allowed abortions in cases of medical emergencies. Seeing through this argument, the Court had this pointed response: "Allowing a physician to decide if abortion is medically necessary is not the same as allowing a woman to decide whether to carry her own pregnancy to term." Enough said. 

While we take a moment to sigh relief that a court has stopped this type of unconstitutional legislation pushed by extreme politicians seeking to interfere with women's decisionmaking, the fight isn't over yet.

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What Would You Spend Money On: Fighting Over the Debt Limit or Child Care for Military Dependents?

Posted by Katherine Gallagher Robbins, Senior Policy Analyst | Posted on: May 21, 2013 at 03:15 pm

Here we go again. After a three month hiatus, the debt ceiling has gone back into effect and the federal government officially hit the limit last Sunday. This means the Treasury has begun its extraordinary measures to keep us from defaulting. These measures will extend the time until we would actually default until sometime after the summer — but the debt limit brinksmanship still has consequences. In fact, the Government Accountability Office estimates [PDF] last time we were in this situation "delays in raising the debt limit in 2011 led to an increase in Treasury's borrowing costs of about $1.3 billion in fiscal year 2011." 

But what does $1.3 billion really mean? How about this: $1.3 billion is the annual base budget for the Department of Defense's Child Care and Youth Programs. This money goes to child care providers, as well as child and youth development programs. Next year it is estimated to serve more than 200,000 children of military families. 

This comes on the heels of another egregious money waster — the 37th vote to repeal the Affordable Care Act (a.k.a. "Obamacare") which passed the House last week.

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Bill Introduced to Curb Crisis Pregnancy Centers' Deceptive Practices

Posted by Charlotte Cassel, Intern | Posted on: May 21, 2013 at 02:20 pm

On Thursday, U.S. Senators Robert Menendez, Frank R. Lautenberg, Richard Blumenthal and U.S. Representative Carolyn Maloney introduced a bill aimed at curbing deceptive and misleading advertising practices by Crisis Pregnancy Centers (CPCs). The "Stop Deceptive Advertising For Women's Services Act" would require the Federal Trade Commission (FTC) to issue and enforce rules prohibiting CPCs from advertising with the intent to create the impression that they provide abortion services. If passed, this bill would be a major step forward in protecting women and their health. As Representative Maloney said, "those [centers] that practice bait-and-switch should be held accountable so that pregnant women are not deceived at an extremely vulnerable time in their lives." 

CPCs often advertise under "abortion services" leading women to believe that they will be seeing an abortion provider when they visit the CPC, or, at the very least, will be seeing someone who will provide accurate information on, and referrals for, abortion care. CPCs set up shop near abortion providers and select names similar to full service clinics. CPCs frequently provide misleading information, telling women, for example, that an abortion is unlikely to be necessary because most pregnancies are not viable. The goal is to delay women until it is too late or too costly to obtain an abortion. 

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Apple is a Tax Dodger. Blame the Tax Code.

Posted by Julie Vogtman, Senior Counsel | Posted on: May 21, 2013 at 01:25 pm

This morning, a Senate subcommittee is holding a hearing on "Offshore Profit Shifting and the U.S. Tax Code," which will include testimony from Apple CEO Tim Cook, as well as Apple's CFO and Head of Tax Operations. 

You might ask why Apple is the subject of this congressional scrutiny; after all, Apple did pay about $6 billion in taxes in the U.S. last year on its American operations, which is more than some major corporations that managed to avoid paying any federal income tax at all. But as Senator John McCain observed, while "Apple claims to be the largest U.S. corporate taxpayer... by sheer size and scale, it is also among America's largest tax avoiders." 

Specifically, a new report from congressional investigators concludes that Apple used a web of offshore tax shelters to avoid paying billions in taxes to the United States and other countries. The investigators found that Apple's tax avoidance strategies shielded at least $74 billion from the Internal Revenue Service between 2009 and 2012. By officially locating subsidiaries in places like Ireland while managing them from company headquarters in California, Apple was able to, in effect, make the subsidiaries "stateless" — so they were exempt from taxes anywhere in the world. In its own analysis of Apple's financial reports, Citizens for Tax Justice found that "Apple has paid almost no income taxes to any country on its $102 billion in offshore cash holdings." 

Pretty sneaky, right? But that doesn't mean it's illegal. The U.S. tax code makes it awfully easy for Apple and other giant corporations to avoid paying taxes.

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Getting the Government's House in Order

Posted by Fatima Goss Graves, Vice President for Education and Employment | Posted on: May 17, 2013 at 02:30 pm

Although the overall wage gap stands at 23 cents when salaries of fulltime male and female workers are compared, it varies by key factors such as industry and occupation. In fact, the wage gap is relatively tiny in some occupations and in others it is startling large. But no matter the industry and no matter the occupation, the gender wage gap persists.  

Here's an interesting fact — in the federal government, the wage gap is much smaller than in the private sector. A GAO report [PDF] has estimated that the gap in wage is about 11 percent. I expect in the coming months that there will be a lot more attention on the wage gap among federal workers. Why? Because the President has a new memorandum ordering the Office of Personnel Management to submit "a Government-wide strategy to address any gender pay gap in the Federal workforce." The order states that the government-wide strategy should include analysis of the ways in which alterations to the federal government's pay scales could reduce the wage gap and directs agencies to consider ways to promote greater transparency.  

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Vermont: Famous for Maple Syrup, Ben & Jerry's, and Fair Pay

Posted by Catherine Yourougou, Fellow | Posted on: May 17, 2013 at 01:15 pm

Way to go Vermont! 

Yesterday, Vermont passed a law that deals with a huge barrier to fighting workplace discrimination, punitive pay secrecy policies. Over 61 percent of private-sector workers prohibit or discourage discussions on wages amongst coworkers. Yet, comparing wages is one of the easiest ways to know if you are getting less than your due. When employees don't know how they compare to others, they may not even realize they are being paid less. 

Vermont's law provides crucial elements to remove that barrier. It prevents employers from conditioning employment on an employees' promise not to disclose, inquire, or discuss their wages.

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A Step Forward For Pregnant Workers: Maryland Passes Bill Requiring Reasonable Accommodations

Posted by Cortelyou Kenney, Fellow | Posted on: May 16, 2013 at 03:51 pm

Peggy Young, a pregnant UPS driver in Maryland, brought a doctor’s note to her employer stating that she could not lift more than 20 lbs. Her employer refused to honor the restriction—saying that light duty was only available to other classes of workers such as those injured on the job, those with disabilities recognized under the Americans with Disabilities Act, and those who had lost their commercial driver’s licenses. Peggy Young sued for pregnancy discrimination and lost; the courts held that she wasn’t comparable to those workers who UPS accommodated.

If Ms. Young were seeking her accommodation today, the story might be much different. That’s because earlier today the Maryland governor just signed into law the Reasonable Accommodations for Pregnant Workers Act. Maryland’s law addresses a misreading of the federal Pregnancy Discrimination Act, which requires employers to treat pregnant workers the same as those “similar in their ability or inability to work.” Unfortunately, many courts around the country have held, like in Ms. Young’s case, that, under the Pregnancy Discrimination Act, pregnant workers are not similar to workers in these other categories. As a result, many pregnant women in Maryland and around the country have been denied minor and inexpensive accommodations, forced onto unpaid leave, been fired, or had to continue to do tasks that posed risk to their pregnancies, even while workers with comparable limitations have been accommodated.

Similar to the Pregnant Worker’s Fairness Act, a bill proposed on the federal level the Center has written about many times before, Maryland’s new law takes the comparator issue off the table and simply requires employers to make reasonable accommodations for pregnant-related disabilities as long as such accommodations do not present an undue hardship to the employer.

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