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Injunction denial stands in Notre Dame contraception case

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Dave Stafford for www.theindianalawyer.com

A divided 7th Circuit Court of Appeals panel affirmed denial of a temporary injunction sought by the University of Notre Dame to block enforcement of the contraception mandate contained in the Affordable Care Act.

Notre Dame failed to convince the District Court for the Northern District of Indiana to grant an injunction blocking enforcement of the mandate. The Affordable Car Act allows religious institutions such as Notre Dame to sign a form opting out of paying for contraception, but insurers must provide such services to women at no cost to them.

Circuit Judge Richard Posner wrote for the majority joined by Judge David Hamilton in University of Notre Dame v. Kathleen Sebelius, 13-3853, that it was unclear what Notre Dame was asking the court to do, since a requirement that it provide a form opting out didn’t trigger provision of contraceptive services.

“If the government is entitled to require that female contraceptives be provided to women free of charge, we have trouble understanding how signing the form that declares Notre Dame’s authorized refusal to pay for contraceptives for its students or staff, and mailing the authorization documents to (insurers), which under federal law are obligated to pick up the tab, could be thought to ‘trigger’ the provision of female contraceptives.”

But Circuit Judge Joel Flaum would have reversed and granted the injunction, believing that Notre Dame has a strong case under the Religious Freedom Restoration Act – a position on the likely outcome the majority cautioned against reaching in an interlocutory appeal.

“I conclude that Notre Dame has shown a likelihood of success on the merits, and that it has met the other requirements for a preliminary injunction,” Flaum wrote. “I would therefore reverse the district court’s order denying relief.”

The Minimum Wage is No Friend to the Poor

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The debate over raising the federal minimum wage to $10.10 an hour from the current $7.25 heated up last week with the publication of a Congressional Budget Office study, which estimated that total employment would likely be reduced by “500,000 workers” if the hike were implemented.

While the CBO’s scenario made sense, a truly substantive debate about the minimum wage would start with the merits of abolishing it altogether, while seeking to help poor people through more direct means. Instead of decreeing that the unskilled can’t accept certain low-wage offers, thereby condemning many to joblessness, allow them to consider all of the potential options. But to the extent that low-paid workers are part of poor families—and many are not—help them in other ways.

Ironically, Nobel laureate economist Joseph Stiglitz, an advocate of hiking the minimum wage and critic of the CBO report, sensibly opined in his textbook Economics that “the minimum wage is not a good way of trying to deal with problems of poverty.” His point: Since many minimum-wage workers aren’t poor, this is yet another case of the government trying to solve a problem with a blunt instrument. The same CBO study he criticized bears him out, estimating minimum-wage workers’ median family incomes at $30,000, which shows that most live in families well above the poverty line, given that many have multiple workers.

BECAUSE ON-THE-JOB TRAINING is the most effective kind, the best way for people to better themselves materially is through working. A National Bureau of Economic Research study, “Minimum Wage Effects in the Longer Run,” concluded that the “longer-run effects” of “diminished training and skill acquisition” are “likely more significant” than the harm done by the minimum wage in the short run through reduced employment.

Jobs that provide even little or no wage—like unpaid internships—sometimes offer the best on-the-job training. A Wall Street Journal story early last year pointed out that Democratic politicians like Minnesota Sen. Al Franken “advocate…a higher wage floor,” except in their congressional offices, where all the internships are unpaid. Franken is quoted as pointing out that “interns will receive unique career development opportunities”—wise words, although honored in the breach when it comes to Franken’s support of wage floors for others.

Critics will respond that abolition of wage minimums will cause rampant exploitation. All-powerful employers will set the wages of the low-skilled at subsistence, while the prices they charge customers will be as high as ever. However, the critics might be surprised to learn that the share of hourly workers earning the federal minimum wage or less has fallen significantly over the long term. While the inflation-adjusted federal minimum in 1980 was about the same as in 2010, Bureau of Labor Statistics data show that the share of workers at the federal minimum or less has plummeted, from 15.1% in 1980 to 6% by 2010, and to 4.7% by 2012—a trend that tends to belie the idea of employer omnipotence.

Moreover, the proposed hike of nearly 40%, to $10.10 from $7.25, implies a current 40% exploitation rate. But if such huge margins really are being made from minimum-wage labor, one can only wonder why there’s no evidence that businesses paying the minimum are any more profitable than those paying much more. So maybe the conventional explanations do apply: Most businesses are price-takers, and most of us get paid according to the approximate value of our marketable skills.

Some workers have difficulty boosting those skills, however, even after years in the workplace. While BLS data show that about half of those earning the minimum or less are under 25, the other half includes people with “minimum-wage careers.” But the case for helping them is very different from saying that the government should continue to micromanage the labor markets.

A recent University of California, Berkeley, Labor Center study, “Fast Food, Poverty Wages,” shows that low-wage workers already get substantial government subsidies, such as food stamps and the earned income tax credit. The authors propose supplementing those programs with government-mandated wage hikes. But as conventional economics says, that would only worsen the poor’s plight.

Source: Gene Epstien

Half of Nations Uninsured Citizens are in Just 116 Counties

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A new study conducted for The Associated Press shows that the Obama administration is best off focusing on signing up uninsured Americans in a relatively narrow geographic area: Half of non-senior adults without insurance live in just 116 of the nation’s 3,143 counties.

Map of uninsured Americans

VANDERBURGH COUNTY FELONY CHARGES

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 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671nick herman
Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, February 21, 2014. 

Cassandra Mossberger Theft-Class D Felony

Possession of Paraphernalia-Class A Misdemeanor

(Enhanced to D Felony Due to Prior Convictions)

(Habitual Offender Enhancement)

 

 

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at KPhernetton@vanderburghgov.org

 

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

Vanderburgh County Recent Booking Records

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 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
WILLIS LEE WILHITE
Race: White / Sex: Male / Age: 47
Residence: UNK NORTH PARK APARTMENTS EVANSVILLE , IN
Booked: 2/24/2014 4:17:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 1000
Total Bond Amount: $1000
JANESSA NICOLE MOORE
Race: White / Sex: Female / Age: 28
Residence: 1719 BELVIDERE DR EVANSVILLE , IN
Booked: 2/24/2014 2:40:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
Total Bond Amount: $250
TRAVIS ANDREW THACKER
Race: White / Sex: Male / Age: 29
Residence: 216 PERRY ST VINCENNES, IN
Booked: 2/24/2014 2:12:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
Total Bond Amount: NO BOND
NICHOLAS WAYNE COLLINS
Race: White / Sex: Male / Age: 27
Residence: 625 SLEEPY FLS EVANSVILLE , IN
Booked: 2/24/2014 11:35:00 AM
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
TRAVIS STEVEN FRIZZELL
Race: White / Sex: Male / Age: 26
Residence: 4300 SPRING VALLEY RD EVANSVILLE, IN
Booked: 2/24/2014 11:20:00 AM
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
JAKIYA T RAPIER
Race: Black / Sex: Male / Age: 22
Residence: 318 W GEIGER ST MORGANFIELD, KY
Booked: 2/24/2014 11:06:00 AM
CHARGE BOND AMT
RESIST LAW ENFORCEMENT [DF] 2000
TRAFFIC-RECKLESS DRIVING AT UNREASONABLE HIGH/LOW SPEED 0
Total Bond Amount: $2000
JASON EUGENE MITCHELL
Race: Black / Sex: Male / Age: 36
Residence: 1505 N THIRD AVE EVANSVILLE , IN
Booked: 2/24/2014 10:37:00 AM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 250
WRIT OF ATTACHMENT 500
Total Bond Amount: $1000
NICHOLAS ALLEN MARTIN
Race: White / Sex: Male / Age: 19
Residence: 629 S FARES AVE EVANSVILLE , IN
Booked: 2/24/2014 10:11:00 AM
CHARGE BOND AMT
NARC-DEALING (OTHER) SCH I, II, III [BF] 0
NARC-DEALING MARIJUANA >30 GRAM [DF] 0
NARC-POSS SALVIA OR SYNTHETIC CANNABINOID <2 GRAMS [AM] 100
Total Bond Amount: NO BOND
ANDREW JAMES MILLER
Race: White / Sex: Male / Age: 30
Residence: 612 N ELLIOTT ST EVANSVILLE, IN
Booked: 2/24/2014 9:27:00 AM
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: NO BOND
IVAN JACOB HONSTEIN
Race: White / Sex: Male / Age: 33
Residence: 1420 E MISSOURI ST EVANSVILLE , IN
Booked: 2/24/2014 7:40:00 AM
Released
CHARGE BOND AMT
WRIT OF ATTACHMENT 250
Total Bond Amount: $250
KEVIN WAYNE PHILLIPS
Race: White / Sex: Male / Age: 36
Residence: 2124 RHEINHARDT AVE EVANSVILLE , IN
Booked: 2/24/2014 7:14:00 AM
CHARGE BOND AMT
THEFT OTHER >200 <100,000 [DF] 500
Total Bond Amount: $500
HUNG JOHN EDWARDS
Race: White / Sex: Male / Age: 40
Residence: 2125 PINESHORE CT EVANSVILLE , IN
Booked: 2/24/2014 6:49:00 AM
CHARGE BOND AMT
TRAFFIC-RECKLESS DRIVING AT UNREASONABLE HIGH/LOW SPEED 50
OMVWI-B A C .08 <1.5 [CM] 0
Total Bond Amount: NO BOND
RYAN HAIRE
Race: White / Sex: Male / Age: 28
Residence: 2601 KINGS CT EVANSVILLE, IN
Booked: 2/24/2014 5:15:00 AM
Released
CHARGE BOND AMT
PETITION TO REVOKE PROBATION 0
Total Bond Amount: $0
ANTHONY EUGENE MANN
Race: White / Sex: Male / Age: 58
Residence: 2839 SOUTHEAST BLVD EVANSVILLE , IN
Booked: 2/24/2014 2:07:00 AM
CHARGE BOND AMT
ALC-PUBLIC INTOX [BM] 250
DISORDERLY CONDUCT [BM] 0
Total Bond Amount: $250
CHARLES LEE CLARK
Race: White / Sex: Male / Age: 42
Residence: 1120 COVERT AVE EVANSVILLE , IN
Booked: 2/24/2014 1:40:00 AM
Released
CHARGE BOND AMT
OMVWI [CM] 250
OMVWI-B A C .15% OR MORE [AM] 0
Total Bond Amount: $250
CHAD ALAN RATLIFF
Race: White / Sex: Male / Age: 35
Residence: 10108 BELMONT CT EVANSVILLE, IN
Booked: 2/24/2014 1:10:00 AM
CHARGE BOND AMT
WRIT OF ATTACHMENT 0
OMVWI [AM] 250
OMVWI-B A C .15% OR MORE [AM] 0
OMVWI-PRIOR OR PASSENGER <18 IN VEH [DF] 0
TRAFFIC-ACCIDENT HIT & RUN /FIXED OBJECT [BM] 0
Total Bond Amount: $250
JOHN EUGENE BOWEN
Race: White / Sex: Male / Age: 27
Residence: 2837 C ST EVANSVILLE, IN
Booked: 2/24/2014 1:05:00 AM
CHARGE BOND AMT
FC-FRAUD-CREDIT CARD [DF] 1000
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 200
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 200
FAILURE TO APPEAR-ORIGINAL CHARGE FELONY 0
FC-FRAUD-CREDIT CARD [DF] 0
FC-FRAUD-CREDIT CARD [DF] 0
FC-FRAUD ALL OTHER [DF] 0
Total Bond Amount: NO BOND
MICHAEL SCOTT DEBES
Race: White / Sex: Male / Age: 28
Residence: 11050 COPPERLINE RD E EVANSVILLE, IN
Booked: 2/23/2014 11:00:00 PM
Released
CHARGE BOND AMT
OMVWI [AM] 250
Total Bond Amount: $250
SUZANNE CAROLE DAY
Race: White / Sex: Female / Age: 34
Residence: 2923 DEARBORN ST EVANSVILLE , IN
Booked: 2/23/2014 8:52:00 PM
CHARGE BOND AMT
NARC-POSS MARIJUANA, HASH OIL, HASHISH [DF] 3000
NARC-POSS METHAMPHETAMINE > 3 G [CF] 0
TRAFFIC-DRIVING W/LIC SUSP PRIOR INF [AM] 0
Total Bond Amount: $3000
RACHEL NICOLE COLLINS
Race: White / Sex: Female / Age: 30
Residence: 625 SLEEPY FALLS EVANSVILLE , IN
Booked: 2/23/2014 8:19:00 PM
CHARGE BOND AMT
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 0
FAILURE TO APPEAR-ORIGINAL CHARGE MISD 0
NARC-LEGEND – POSS [DF] 500
NARC-POSS METHAMPHETAMINE [DF] 0
Total Bond Amount:

EPD Activity Report: February 23, 2014

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EPD PATCH 2012

SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.

 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

EPD Activity Report: February 23, 2014

Unequal protection and due process claims fail because juvenile was not sentenced

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Marilyn Odendahl for www.theindianalawyer.com

The Indiana Court of Appeals rejected a teenager’s claim of unequal treatment and violation of his due process rights because he incorrectly referred to the juvenile court’s disposition order as a sentence.

TLC, the teenager, was given home placement and later placed in several youth treatment facilities for his behavioral problems. After he hit his mother and put her in a headlock, the state filed a delinquency petition against him, alleging that he committed the offenses of battery and criminal mischief, both Class B misdemeanors if TLC had been an adult.

The juvenile court subsequently awarded wardship of TLC to the Indiana Department of Correction.

TLC appealed, arguing, in part, that the juvenile court erred in “sentencing him.” He said he received unequal treatment under the law and his due process rights were violated.

The Court of Appeals noted TLC incorrectly asserted he was sentenced. It pointed out that the juvenile court issued a dispositional order rather than a sentence because it provided for treatment rather than punishment.

In regard to TLC’s other claims, the Court of Appeals noted he did not present any evidence supporting his unequal protection and due process rights arguments.

Also, the COA found TLC presented no evidence that he was treated any differently than the other juveniles under similar circumstances, so his equal protection argument fails.

“In sum, all of TLC’s claims are based on the false premise that TLC received a sentence, which he did not,” Judge John Baker wrote in In the Matter of TLC, a Child alleged to be a Delinquent Child v. State of Indiana, 60A01-1308-JV-377. “Thus, TLC has no sentencing claim on appeal. The juvenile court tried home placement without monitoring, home placement with monitoring, Southwest, Valle Vista, and the Gibault facilities, all before turning to the DOC. For all these reasons, we conclude that the juvenile court’s placement and disposition of TLC was consistent with the logic and effect of the facts and circumstances before it. Thus, TLC’s claim fails.”

Liverpool Legends…EVSC’s Beatles Invasion Planned March 15

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Marking the 50th anniversary of the Fab Four coming to America, “Liverpool Legends…EVSC’s Beatles Invasion” – a live concert featuring the Grammy-nominated Beatles tribute band of the same name – will take place at Central High School’s auditorium at 7 p.m. March 15.  Doors open at 6 p.m. for the open seating event. Accompanying the Liverpool Legends during the performance will be the Central Singers and Central Band.

Liverpool Legends Beatles Tribute Band is comprised of four musicians and actors who were hand-picked by Louise Harrison – sister of the late George Harrison of The Beatles.  Louise’s involvement with Liverpool Legends makes them the only Beatles Tribute band in the world with a close, direct biological link to the original group.

The EVSC Friends and Alumni Association is hosting this concert as its first event, bringing those who care about the EVSC together for a fun and exciting night.  Tickets will be $25 (pre-event) or $30 at the door. Tickets may be obtained online at www.evscschools.com/alumni or at the Central Athletic Ticket Office.  Cash or Checks are acceptable payment at the ticket office. Checks may be made out to “EVSC Alumni Association.”

“We are so excited to bring everyone the complete ‘Beatles Experience’ and incorporate students into the show,” said Ben Shoulders, president of the EVSC Friends and Alumni Association.  “We hope everyone will come to Central to not only witness this historic performance, but also support the EVSC.”

Headlining their own production in Branson since 2006, Liverpool Legends have been voted Best New Show, Best Band and Best Show. Finishing their sixth season, their show once again was spotlighted by receiving the prestigious Visitors’ Choice Award for Best Show in 2009 and also Best Show in 2010. Liverpool Legends received national attention as they re-created The Beatles famed 1966 concert at Busch Stadium in St. Louis.

In 2012 Liverpool Legends along with Louise Harrison were nominated for a Grammy Award for their work on “Fab Fan Memories” – a Beatles Bond. Recently the Liverpool Legends were chosen over every other Beatle Tribute band in the world by top television and film producer Jerry Bruckheimer (CSI, Pirates of The Caribbean, National Treasure) to portray the band that changed the course of music and the world forever.

Members of Liverpool Legends have toured the world, playing in historic venues such as Carnegie Hall, The Cavern Club in Liverpool, recording at the famed Abbey Road Studios in London and performing with Denny Laine (co-founder of Wings with Paul McCartney), Pete Best (the original Beatles drummer) and the Boston Pops. They appeared on The Travel Channel’s “Beatlemania Britain” and headlined “International Beatles Week” in Liverpool where 100,000 Beatles fans jammed Victoria Street to hear them in concert.

For additional information, call 812-435-EVSC.

Pence won’t rule out run for president

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By Jessica Wray
TheStatehouseFile.com

INDIANAPOLIS – Indiana’s Gov. Mike Pence is leaving the door open on a potential 2016 presidential campaign.

In a conversation Friday with NBC’s Chuck Todd of “The Daily Rundown,” Todd asked if there was a chance voters could see Pence on the ballot for the 2016 presidential race – and Pence didn’t rule it out.

“You know, I haven’t spent one second thinking about anything other than the job that I was hired to do,” Pence said.

But when pressed, he didn’t say he wouldn’t run. As Todd prodded Pence, the governor touted facts about Indiana’s economy without directly addressing his questions.

But Larry Sabato, director of the Center for Politics at the University of Virginia, said it’s unlikely that Pence’s name will crop up as a serious contender for 2016. With only a year into his first term as governor, Sabato said it’s difficult to see Pence giving up the governorship so early to pursue presidential aspirations.

“That’s why I don’t take it seriously,” Sabato said. “I could see him running after two terms as governor. Absolutely. He would be finishing in 2020 and at 6-1/2, 7 years as governor.”

Sabato, who helps create the Center for Politics’ Crystal Ball presidential watch lists, said he hasn’t seen a concrete indication that Pence is ready to make a commitment.

Robert Dion, chair of the political science department at the University of Evansville, said it’s a win-win situation for Pence to dangle the presidential carrot.

“He didn’t slam the door because he doesn’t need to,” Dion said. “He can’t go wrong. This is enormously flattering. If he chooses not to run, he’s still being mentioned as a major presence in the party.”

Dion said the combination of Pence’s unique skill set – he’s comfortable with national media, is a skilled speaker and has experience on Capitol Hill – with current uncertainty within the Republican Party, makes Indiana’s governor a possible GOP champion.

But speculation of Pence’s political ambitions is nothing new, he said.

“He’s setting up very nicely to at least make a strong case for himself,” Dion said. “Whether he ultimately jumps in or not.”

This isn’t the first time in recent years a Hoosier has been under national political scrutiny. Indiana’s former Gov. Mitch Daniels flirted with the presidential spotlight, and rumors he would run on the 2012 ballot – which were already high – soared after his keynote speech at the Conservative Political Action Committee in Washington three years ago. ​

Jessica Wray is a reporter at TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Senate commitee passes digital privacy legislation

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By John Sittler
TheStatehouseFile.com     

INDIANAPOLIS – A Senate committee unanimously passed a bill Wednesday that would expand privacy laws to accommodate the increased use of digital technology.

The bill’s author, Rep. Eric Koch, R-Bedford, said the legislature’s challenge is “to define those conditions and circumstances under which the use of certain technologies should be allowed, prohibited or subject to court approval.”

House Bill 1009 requires police to obtain a search warrant before using a phone to track a person’s location or using an unmanned device – such as a drone – to gather information in most situations. It also requires police to get a warrant before they can demand that a person turns over his or her password for a computer, phone or other electronics device.

And it would set new rules for the way private citizens could use surveillance technology.

Steve Key, executive director of the Hoosier State Press Association said he supports the bill because of language that would protect media.

The bill “is a good kind of buffer to make sure that law enforcement is not able to do an end run around the reporter’s privilege that allows newspapers, and radio and TV to protect their sources of information,” Key said.

Key cited a case in Muncie in which law enforcement accessed The Star Press’ phone records in an effort to identify a newspaper source in the police department. The paper only found out its records had been accessed when they were used as evidence during the meeting in which the officer was fired.

The bill says that if a media outlet’s records are subpoenaed, it must be notified so it can appear in court and fight to protect a source.

Steve Gerber, a licensed private investigator, said he supports the goals of the bill but questioned “language that has potential to turn everyday citizens into criminals as an unintended consequence.”

Gerber listed families of people in nursing homes and concerned parents as two groups that could be criminalized for surveillance activities under HB 1009.

“These people are trying to gain information to help keep somebody safe or to somehow prevent problems,” he said.

But Koch said the bill’s language addressed those concerns by specifying that, in order to be illegal, surveillance equipment must be unattended, on private property, without the consent of the owner or tenant.

Sen. Mike Delph, R-Carmel, said he supported the bill because the idea of everyday citizens – in addition to law enforcement – being able to have massive surveillance capabilities seems “kind of Big Brother-ish.”

John Sittler is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.