Blanket Ruling: Snuggies Are Not Apparel

Much of law can be dry and mundane.  However, there are moments when the law reaches a transcendent truth.  There was the acceptance of war crimes in the Nuremberg trials.  The recognition that separate is not equal in Brown.  This week another milestone has been reached with a decision by Judge Mark Barnett of the United States Court of International Trade.  Barnett has ruled that Snuggies are blankets and not apparel.  The case is Allstar Mktg. Grp., LLC v. United States , Ct. Int’l Trade, 13-00395, 2/10/17.

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WA Supreme Court Rules Against Florist In Gay Marriage Discrimination Case

By Darren Smith, Weekend Contributor

Baronelle Stutzman
Baronelle Stutzman

What so far has proven to be a long ordeal for two men originally wanting only to be provided with a floral arrangement for this upcoming wedding, and also for florist Barronelle Stutzman who asserts her right to religious freedom by denying this service, has now come to another milestone in Washington.

A unanimous ruling by the Washington Supreme Court, the court denied Stutzman and her business, Arlene’s Flowers, INC’s assertions, ruling:

“…Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation.” and therefore held that “the conduct for which Stutzman was cited and fined in this case-refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding-constitutes sexual orientation discrimination under the WLAD.” (Washington Law Against Discrimination)

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Day 12: Farewell Hawaii

img_7078Day 12 is my final day on Oahu and my departure to the states. I spent the hours before my flight in a mad search for gifts. It tried last night without success but had more success today. The last roughly two weeks have been an amazing experience in visiting Guam, Saipan, Palau, Tinian, and Hawaii. My greatest hope is that the travel blog might inspire some of our readers to travel this far into the Pacific. It is worth it. Trust me.

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Two Florida Men Arrested After Allegedly Torturing Turtle And Then Attacking Man Who Tried To Save It

urlIn Dayonta Bearch, Gary Blough, a disabled Navy veteran, is recovering from a vicious beatdown. The reason is not a mugging or a personal feud.  Rather, Blough rescued a turtle that was being tortured by two men.  Ryan Ponder, 23, and Johnnie Beveritt, 18, then allegedly jumped Blough as he tried to release the turtle back into the water.

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Day 11: Hawaii

img_7135Day 11 was my hiking day in Hawaii.  In the morning, I did one of Hawaii’s famous waterfall hikes followed by a second hike to a crater.  I then climbed Diamondhead overlooking Honolulu.  I ended the long day by going swimming at Waikiki. I did not wait for changing into a swimsuit.  After the three hikes, I was dying to go into the warm green waters and dove in as soon as I made it back.  It was great to float in the surf as the sun went down over Waikiki.  After cleaning up, I then went back to Waikiki to watch the evening fireworks.  They were awesome. You can just lie on the beach and they fire off truly impressive fireworks from a small lagoon.  I loved it.  It was a great way to spend my final night on the island.

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Wisconsin Students Demand Free Tuition and No Standardized Tests for Black Students

imagesStudents at the University of Wisconsin-Madison have demanded that African-American students be given free tuition and housing because blacks were denied access to college educations for much of our history.  They also opposed the use of standardized test scores as a barrier to black students.  

Day 10: Hawaii

img_7025Day 10 was spent immersed in my passion for military history at one of the world’s most historic sites: Pearl Harbor.  After arriving the night before, I set out for Pearl Harbor by public bus.  The public buses on Oahu are wonderful.  The Hawaiian bus drivers are incredibly nice and helpful. Just tell them where you need to go and they are full of suggestions and will often call out to you to make a transfer. I have been taking buses all day and found everyone of the drivers to be hugely helpful and kind.  Trips cost only $2.50 and you get to see more of the island (including areas with large numbers of homeless people).

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Trump Says Administration Will Issue New Immigration Order Next Week

donald_trump_president-elect_portrait_cropped200px-US-CourtOfAppeals-9thCircuit-Seal.svgPresident Trump said today that  he will sign a new immigration executive order next week and that he  would appeal the 9th Circuit Court’s ruling against his travel ban.  He further called the Ninth Circuit a court “in chaos” and “turmoil.”  I do not see the chaos or the turmoil on the Ninth Circuit, which is the largest circuit in the country.  One can certainly disagree with the decision on the executive order, but the panel decision was a good-faith decision of three judges who unanimously ruled against the order on the effort to stay the lower court’s temporary restraining order (TRO). Update: there appears another disconnect between the White House and the DOJ. In today’s filing the DOJ requested that the Nunth Circuit vacate the prior order because the new order will rescind and replace the old order.

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Day 9: Farewell Guam

img_6302Day 9 was spent back on Guam. After a brutal 2 am flight (flights from Palau take off at ungodly hours to make connections), I made it to Guam and was reunited with my brilliant young hostess, Karen Quitlong, who had already planned a hiking trip to the Spanish Steps, a famous snorkeling area on the island. While the steps were turned out to be closed that day, the backup plan proved incredible.

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Day 8: Palau

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My eighth day was spent enjoying the unique islands of Palau. I have heard my whole life how pristine and gorgeous these islands are, but nothing prepared me for encountering the lush jungle, turquoise blue waters, and rock islands. After torrential rains on the first day on Palau, the skies suddenly cleared in the morning and a perfect blue day emerged. With the help of our hosts, Judge Watford, his wife, and I went on a snorkeling trip that offered multiple stops in the rock islands. We then finished the day at a remarkably good Indian restaurant with Chief Justice Arthur Ngiraklsong.

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Federal Judge Grants Preliminary Injunction of Executive Order In Virginia

donald_trump_president-elect_portrait_croppedIt appears that the problem with the Internet in Palau resulted in the deletion of the original post on the decision in Virginia.  I did not want to delete any discussion so I am keeping this post.  I am in Guam now with better Internet access.  Virginia federal district court Judge Leonie Brinkema granted a preliminary injunction which requires a higher showing for the challengers. In that sense, this is an obvious victory but it could also be an opportunity for the Trump Administration.  I believe that the Brinkema decision might be the better option for the Administration to appeal given its focus on religious discrimination and its reliance on campaign statements and the bizarre statements of Rudy Giuliani.

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