By rewriting the rules that govern which strings the federal government can attach to its spending on the state level, Chief Justice John Roberts may have inadvertently prevented a future Tea Party-dominated Congress from executing one of its top priorities, defunding Planned Parenthood.At the same time, it raises the question of whether the federal government can withhold Medicaid money if a state decides on its own to defund Planned Parenthood.
By rewriting the rules that govern which strings the federal government can attach to its spending on the state level, Chief Justice John Roberts may have inadvertently prevented a future Tea Party-dominated Congress from executing one of its top priorities, defunding Planned Parenthood.
At the same time, it raises the question of whether the federal government can withhold Medicaid money if a state decides on its own to defund Planned Parenthood. Before Roberts' ruling, no legal scholar would have questioned whether the federal government had the authority to spend its own money or tie any strings it deemed appropriate to it. But after the ruling, it's an open question that will likely be decided in court, legal experts told The Huffington Post.
"I perceive NFIB v. Sebelius as throwing the courthouse doors open to coercion claims," said Nicole Huberfeld, a University of Kentucky law professor. "Because the holding is so dependent on the somewhat unusual facts of Medicaid, and because the court set forth no theory of coercion, I think we will see a lot of challenges in an effort to discover the contours of the coercion doctrine."
The issue raised by Roberts' opinion is whether the federal government can coerce a state into using its federal grant money in a particular way by threatening to withhold that money. For instance, if Congress voted to defund Planned Parenthood through the Title X federal family planning program, but New York wanted to continue sending its federal Title X dollars to Planned Parenthood clinics in the state, could the government withhold all Title X money from New York?
A significant number of countries continue to struggle with a wide gender gap in the workplace -- a fourth to be exact, according to data recently released by Gallup. That gender gap is technically the difference between the number of men and women in full-time or voluntary part-time work.
The problem is not universal. For every Ecuador or Saudi Arabia, two countries with enormous gender gaps, there is a Ireland or United Kingdom, both of which were found to posses a gender gap that actually favors women.
That's not to say gender gaps only exist in developing countries. Italy, a member of the European Union, posted a workplace gender gap of 13 percent, the survey found.
The pollsters last year questioned 187,119 people across 144 countries.
In connection with Title IX's 40th Anniversary in June 2012, the Feminist Majority Foundation released a multi-year (2007-10) three part study of single-sex education in U.S. K-12 public schools. This study reveals that after the Bush Department of Education weakened previous Title IX restrictions on sex segregated education in K-12 public schools in 2006, over 1,000 public schools sex segregated at least some of their classes. Read the complete Press Release here and view the report below.
Coaching my daughter Sasha’s basketball team is one of those times when I just get to be “Dad.” I snag rebounds, run drills, and have a little fun. More importantly, I get to watch Sasha and her teammates improve together, start thinking like a team, and develop self-confidence.
Any parent knows there are few things more fulfilling than watching your child discover a passion for something. And as a parent, you’ll do anything to make sure he or she grows up believing she can take that ambition as far as she wants; that your child will embrace that quintessentially American idea that she can go as far as her talents will take her.
But it wasn’t so long ago that something like pursuing varsity sports was an unlikely dream for young women in America. Their teams often made do with second-rate facilities, hand-me-down uniforms, and next to no funding.
The debate over this proposed legislation reveals serious flaws in reasoning about the impact of public efforts to promote fair pay. Recent academic research suggests that many women are underpaid for the same reason that many chief executives may be overpaid — because the labor market doesn’t work according to the standard textbook model based on impersonal forces of supply and demand.
The Paycheck Fairness Act would have required employers to give a “business” reason for paying men and women different wages for equal work. It would also have prohibited retaliation against employees who revealed wage information.
Criticisms of the proposed legislation took several forms. A common claim was that it would do more harm than good, because pay discrimination is not the most important cause of gender disparities. Conservatives are not the only ones who insist that women are paid less primarily because they choose to devote more time to family responsibilities than men do. The New York Times columnist Eduardo Porter recently articulated a similar argument.
But pay discrimination and choices to take time out of paid employment are complementary rather than competing explanations of gender differences in pay. Women who are paid less — or who anticipate fewer opportunities for promotion — than their male counterparts are more likely to drop out of paid employment. Their choices represent, in part, a response to discrimination.
If a woman does drop out for a while, an employer who pays her less is off the hook. Case law shows that a lower level of experience on the job is typically considered a bona fide “business” reason for paying someone less. In herdiscerning analysis of the impact of the Equal Pay Act passed in 1963, a University of Maryland law professor, Deborah Thompson Eisenberg, points out that the Paycheck Fairness Act would have simply codified majority interpretations of that law.
A provision in the 2010 health care law requiring contraceptive coverage for women without copays has gotten most of the press.
But much more is at stake for women if the Supreme Court overturns the health care law. Starting in 2014, the law bars insurance practices such as charging women higher premiums than men, or denying coverage for pre-existing conditions that could include pregnancy, a Caesarean-section birth or a sexual or a domestic violence assault.
Parenthood is not the end of the road for teen moms. Quite to the contrary, motherhood can serve as an educational motivator for many young women. Unfortunately, educational barriers and discrimination often thwart this drive and determination. Title IX of the Education Amendments of 1972 is the landmark law that bans sex discrimination in federally funded education programs and activities. Despite Title IX’s prohibition against sex discrimination, there are schools across the country that continue to bar pregnant and parenting students from activities, kick them out of school, pressure them to attend alternative programs, and penalize them for pregnancy-related absences.
Last year, in Wal-Mart Stores, Inc. v. Dukes, a deeply divided Supreme Court voted 5-4 to erect significant barriers to employees’ rights to bring class actions under our nation’s nondiscrimination laws. The Equal Employment Opportunity Restoration Act of 2012 (EEORA) will remove the obstacles the Supreme Court placed in the way of ordinary Americans seeking their day in court and provide a clear avenue for employees subject to company-wide discrimination to come together to seek redress. This fact sheet discusses the EEORA and it's impact on women workers.
The Trafficking in Persons (TIP) Report is the U.S. Government’s principal diplomatic tool to engage foreign governments on human trafficking. It is also the world’s most comprehensive resource of governmental anti-human trafficking efforts and reflects the U.S. Government’s commitment to global leadership on this key human rights and law enforcement issue. It represents an updated, global look at the nature and scope of trafficking in persons and the broad range of government actions to confront and eliminate it. The U.S. Government uses the TIP Report to engage foreign governments in dialogues to advance anti-trafficking reforms and to combat trafficking and to target resources on prevention, protection and prosecution programs. Worldwide, the report is used by international organizations, foreign governments, and nongovernmental organizations alike as a tool to examine where resources are most needed.