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21 attorneys general urge Colorado Supreme Court to hear Masterpiece Cakeshop case | Missouri

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www.thecentersquare.com – By Joe Mueller | – 2023-05-02 17:15:00

(The Center Square) – Missouri Andrew Bailey joined 21 other Republican attorneys general in filing a legal brief urging the Colorado Supreme Court to hear an appeal by a Christian cake artist who lost a First Amendment case in a lower court.

Last month, Masterpiece Cakeshop owner Jack Phillips and the Alliance Defending filed a petition with Colorado's highest court to overturn a Court of Appeals . It found Phillips violated Colorado's Anti-Discrimination Act when in 2012 he refused to make a blue and pink cake for attorney Autumn Scardina who stated in a phone conversation it was to celebrate transitioning from male to female.

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The amicus brief filed by the attorneys general urges the Colorado Supreme Court to hear Phillips' petition and rule he can't be compelled to create a custom cake expressing a message contrary to his religious beliefs.

The conclusion of the 14-page document states Phillips engages in “expressive conduct protected by the First Amendment. The gender-transition cake Scardina requested was no exception; creating it would require Phillips to express a readily understood message about sex with which he disagrees. This Court should vindicate his right to not speak.”

The brief argues a gender-transition cake is symbolic speech and states the lower courts misapplied First Amendment doctrine. The brief concludes a ruling in favor of Phillips wouldn't license discrimination.

“Scardina and the lower courts treat Phillips' refusal to bake a gender-transition cake as a blow to LGBT equality,” the brief states. “But ruling for Phillips wouldn't upend the long-settled rule that ‘business owners' may not ‘deny protected persons equal access to goods and services.' It would simply confirm that Colorado's antidiscrimination cannot be applied in the rare case where it would compel speech.”

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The brief also states Phillips “happily serves LGBT customers: he'll sell them premade cakes for any purpose and create custom cakes that do not express a message contrary to his religious beliefs. … Of course, for Scardina, that's not good enough.”

Joining Bailey are attorneys general from Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Kansas, , Mississippi, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, , Utah, and Virginia.

“As , I will always protect the Constitution, which includes the basic right to freedom of speech enshrined in the First Amendment,” Bailey said in a statement. “Americans enjoy the right not to speak as much as they enjoy the right to speak, and compelling a cake baker to speak in a way that violates his religious beliefs is a textbook violation of the First Amendment.”

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Biden administration’s abortion-related rule challenged in litigation | Louisiana

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www.thecentersquare.com – By Steve Wilson | The Center Square – 2024-05-14 13:01:00

(The Center Square) – The attorneys general of and Mississippi have filed a seeking to stop a new rule by the Equal Employment Opportunity Commission that they say could impose a national regime.

Louisiana Attorney General Liz Murrill and Mississippi Attorney General Lynn Fitch filed the complaint in the U.S. District Court in Lake Charles on Monday that seeks to challenge a rule that would require employers to accommodate employees' abortions under the Pregnant Workers Fairness Act. 

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This bipartisan bill was intended to protections for pregnant women in the workplace, including “reasonable accomodations” related to pregnancy, childbirth or related medical conditions. 

The two Republican attorneys general are seeking an injunction to stop the rule, which goes in effect 60 days after it has been filed in the federal register. The rule is intended to implement the provisions of the Pregnant Workers Fairness Act passed by Congress in 2022.

“This new action by the EEOC is another example of bureaucrats rewriting acts of Congress to their own liking, and it's unconstitutional,” Murrill said in a news release. “We will continue to challenge this administration's overreach and protect pregnant women.”

In the complaint, the two attorneys general say the new rule, which doesn't require employers to pay travel costs for an abortion or an employee's insurer to pay for an abortion, runs afoul of the in Dobbs v. Women's Organization, which overturned the decision and sent abortion policy back to the states.

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The rule requires employers in states that have largely outlawed abortion such as Louisiana and Mississippi to accommodate abortions or else face federal lawsuits for monetary damages and injunctive relief as any violation of EEOC rules can draw.

“The Pregnant Workers Fairness Act was a bipartisan effort to women in the workplace while they are pregnant and following childbirth,” Fitch said in a news release. “But the Biden administration is threatening to derail commonsense measures, like adequate seating, bathroom and water breaks, and relaxed dress codes, by reading into the law required accommodations for elective abortion, even where that overrides the will of the people or the religious liberty of the employer. 

“This administration will stop at nothing to undo the Dobbs decision, which gave the people back their power over abortion policymaking and to impose a national abortion regime.”

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Senators from 17 states want Postal Service to pause 10-year plan to save $160B | National

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www.thecentersquare.com – By Joe Mueller | – 2024-05-09 12:00:00

(The Center Square) – A bipartisan group of 26 U.S. senators from 17 states are urging of the U.S. Postal Service to delay execution of its strategic plan.

“We call on you to pause planned changes to the U.S. Postal Service's processing and delivery network under the ‘Delivering for America' plan, until you request and a comprehensive Advisory Opinion from the Postal Regulatory Commission to fully study the potential impacts of these changes,” according to a letter signed by the Senators and addressed to Postmaster General Louis DeJoy and the Board of Governors.

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Democratic Nevada Sens. Catherine Cortez Masto and Jacky Rosen signed the letter and highlighted ongoing demands to change the plan, made along with U.S. Rep. Mark Amodei, R-Nev. They highlighted planned changes to a facility in Reno, which will be downsized from a regional hub to a local center and its regional operations moved to Sacramento, Calif.

“We call on USPS to pause all changes, pending a full study of this plan by its regulator,” the letter stated. “While USPS claims these changes overall will improve service while reducing costs, there is evidence to the contrary in locations where USPS has implemented changes so far. USPS must stop implementation, restore service in those where changes were implemented, and fully understand the nationwide effects of its plan on service and communities.”

“Delivering For America,” a 60-page, 10-year plan published by USPS, states the organization is optimizing mail and packaging processing capabilities as it lost $87 during the last 14 years.

“The Plan's strategic initiatives are designed to reverse a projected $160 billion in losses over the next ten years by achieving break-even operating performance,” according to the publication.

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Changes in how people use the Postal Service resulted in costly inefficiencies, according to the plan.

“Our processing network was originally designed to meet the demands of a robust, and ever-growing mail market,” the plan stated. “Similarly, our facilities were located geographically and set up operationally to facilitate the timely and efficient processing of mail. As mail volume has decreased, our machines and facilities have been left under-utilized, leaving us with a physical network that does not correspond to the current and projected needs of our customers.”

In addition to the senators from Nevada, senators from Arizona, Colorado, Maine, Michigan, Montana, Mississippi, Nebraska, North Dakota, South Dakota, New Hampshire, New Jersey, Oregon, Tennessee, , Virginia and Wyoming also signed the letter. It highlighted problems associated with moving mail processing away from local communities and reductions in transporting mail, leaving mail sitting overnight in local offices.

“We are concerned about the impacts these changes have had so far, and the potential impacts that further changes could have,” the senators wrote. “In regions where USPS has implemented significant changes, on-time mail delivery has declined. In addition, it is not clear these changes will improve efficiency or costs. Despite these concerns, USPS has moved forward with announcing and approving additional facility changes across the country.”

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25 states fight EPA’s power plant smokestack regulations | West Virginia

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www.thecentersquare.com – By Jon Styf | – 2024-05-09 07:53:00

(The Center Square) – Virginia and Indiana are leading a group of 25 states asking for the U.S. Court of Appeals for the District of Columbia to declare the U.S. Environmental Protection Agency's new rule on coal, natural gas and oil power plants to be declared unlawful.

The new EPA rule will require coal and natural gas power plants to capture smokestack emissions or shutter.

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“The EPA continues to not fully understand the direction from the Supreme Court—unelected bureaucrats continue their pursuit to legislate rather than rely on elected members of for guidance,” West Virginia Morrisey said. “This green new deal agenda the Biden administration continues to force onto the people is setting up the plants to fail and therefore shutter, altering the nation's already stretched grid.”

Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, , Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, , Utah, Virginia and Wyoming are part of the lawsuit.

Morrisey and the attorneys general argue Congress did not give EPA the authority to create rules to remake the electricity grid and the rules are taking to make broad regulatory authority away from Congress.

West Virginia successfully fought EPA rules in front of the in 2022 as the court said the EPA should not use its regulatory authority to create broad new regulations with the Clean Act.

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West Virginia, Indiana and others have continued to fight several other EPA proposals the “Good Neighbor Plan” and the EPA's new rule on electric vehicles.

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