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relax watch a movie in my bed tonight Sachs: is Chicken When it Comes to Rights Sachs By Sachs, blogger 8:23am EST American Presidents are famous for stretching the letter of the law: Nixon’s attempt to sabotage the Democratic Party, Reagan’s Iran-Contra scandal, Bush’s extraordinary rendition. When the political climate demands, the Executive is often willing to push the edges of legal behavior in order to achieve a political end. But when it comes to rights, doesn’t want to breathe on the boundaries of the law, let alone give them the shove they need. On Friday, the Office of Personnel Management – a Federal agency controlled by the administration – refused to comply with a court order to extend family health benefits to a Federal staff attorney who has a same-sex partner. In an apologetiy worded memo, the OPM stated that the Defense of Marriage Act barred the agency from recognizing same-sex partners as family members – even for the purposes of the health plan. DOMA meant that the court order must be ignored. This is one logical approach to the situation. Justice Kozinski, chief judge of the 9th Circuit Court of Appeals, has a different perspective: He states in his order that the Federal Employee Health Benefit Act creates general guidelines for minimum health coverage. For example, the health plan must cover an employee’s, but the upper age limit for the definition of “children” can be extended far beyond the common understanding of that term (age 25 perhaps) and still comply with the Act. Or, while the Act requires spouses be covered under the health plan, it says nothing about the ability of the Federal government to extend health coverage to same-sex partners in addition to spouses. There is no legally mandated upper limit when it comes to health insurance provision. Justice Kozinski uses sound legal reasoning to the administration permission to widen the umbrella. He points out, this broader health insurance provision would harmonize state and federal law on a touchy subject while still complying with the dictates of the Federal Employee Health Benefits Act and DOMA. horney match in Mechtat Djaidia
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