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Friday, November 01, 2013

One thing that often gets lost in the moment-to-moment measurements of a president’s efficacy and his legacy is one of the most enduring and resilient effects he can have on American life: court
This week we were reminded once again of how much sway federal judges hold as they dealt several setbacks to liberal causes.
The conservative Court of Appeals for the District of Columbia struck down the birth control mandate in the Affordable Care Act, which required employers to offer contraceptive coverage to their employees.
The conservative Court of Appeals for the Fifth Circuit reinstated most of Texas’ new abortion restrictions that a federal district judge, Lee Yeakel, had struck down as imposing an undue burden on women seeking abortions.

And the Court of Appeals for the Second Circuit halted sweeping changes to New York City’s outrageous stop-and-frisk policy, changes called for by Judge Shira A. Scheindlin of Federal District Court in Manhattan who found, “The city acted with deliberate indifference toward the N.Y.P.D.’s practice of making unconstitutional stops and conducting unconstitutional frisks.

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