Word: kozinsky
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Above the Law previously reported that BLSA is actively attempting to get Grace’s upcoming federal clerkship for conservative Judge Alex Kozinski rescinded. However, Minow and Sullivan said these reports were false...
...Kozinski has been a colorful figure on the federal bench since his 1985 nomination to the powerful Ninth Circuit by Ronald Reagan, who saw him as a conservative corrective to that often liberal-leaning court. He has called efforts to end the death penalty immoral, but has also ruled in ways that spotlight a libertarian, Western view of the law. He was part of a panel of judges that ruled that the Bush Administration crackdown on California's medical-marijuana laws was unconstitutional, though that was later reversed on appeal. More recently, he has had to apologize for posting sexually...
...Kozinski's unusual and bluntly worded Golinski order comes 10 months after the judge, acting in his capacity as administrator in an employee dispute resolution, determined that the federal Administrative Office of the U.S. Courts had erred in rejecting Golinski's inclusion of her wife on her insurance election form. Sidestepping constitutional questions about equal treatment for gays under the law, he agreed that the Defense of Marriage Act forbids the government from recognizing gay marriages. But Kozinski's argument centers on the Federal Health Benefits Act, which says that coverage must be provided for an employee's family, including...
...When a statute admits two constructions, one of which requires a decision on a hard question of constitutional law, it has long been our practice to prefer the alternative," Kozinski wrote in the January order. "The discussion above illustrates the constitutional thicket into which the discriminatory construction drags us. I therefore construe the Federal Employee Health Benefits Act to permit the coverage of same-sex spouses." (See more about gay rights...
...Courts moved to comply with the judge's ruling, submitting Golinski's insurance form to Blue Cross Blue Shield, and the case would have probably gone away - had the Obama Administration not stepped in. "After the AO submitted Ms. Golinski's form, I thought this matter had concluded," Kozinski wrote. "The Executive Branch, acting through the Office of Personnel Management, thought otherwise. It directed the insurance carrier not to process Ms. Golinski's form 2809, thwarting the relief I had ordered. I must now decide what further steps are necessary to protect Ms. Golinski and the integrity of the Judiciary...