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Brian Cogan

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Brian Cogan
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Current Court Information:
United States District Court for the Eastern District of New York
Title:   Judge
Position:   Seat #3
Station:   Brooklyn, NY
Service:
Appointed by:   George W. Bush
Active:   06/07/2006 - Present
Preceded by:   Frederic Block
Personal History
Born:   1954
Hometown:   Chicago, IL
Undergraduate:   University of Illinois
Law School:   Cornell Law

Brian Cogan is a federal judge for the United States District Court for the Eastern District of New York. Cogan joined the court in June 2006 after being nominated by President George W. Bush. Prior to joining the court, Cogan was a private practice attorney in New York City.[1]

Early life and education

Born in Chicago, Illinois, Cogan received his undergraduate degree from the University of Illinois in 1975 and his Juris Doctor from Cornell Law School in 1979.[1]

Professional career

Cogan began his legal career as a law clerk for Federal District Judge Sidney Aronovitz for the Southern District of Florida from 1979 to 1980 before becoming a private practice attorney in New York City from 1980 to 2006.[1]

Judicial career

Eastern District of New York

Cogan was nominated to the United States District Court for the Eastern District of New York by President George W. Bush on January 25, 2006; he assumed a seat that was vacated by Frederic Block. Cogan was confirmed by the U.S. Senate on May 4, 2006 on a majority voice vote and received his commission on June 7, 2006.[2]

Notable cases

Roman Catholic Diocese of New York will not have to Follow HHS Mandate (2013)

On December 16, 2013, Judge Cogan ruled in favor of the plaintiff in the case of The Roman Catholic Archdiocese of New York, et al against Kathleen Sebelius, in her official capacity as Secretary, United States Department of Health and Human Services, et al. The HHS Mandate at the center of the case, requires employers to provide birth control to their employees.[3] However, the Catholic Church strictly forbids the use of birth control.[4] Cogan's decision states that the plaintiffs “have demonstrated that the mandate, despite accommodation, compels them to perform acts that are contrary to their religion. And there can be no doubt that the coercive pressure here is substantial.” The plaintiffs, then, will not have to follow the HHS Mandate and will not be fined the $100 a day penalty per each affected beneficiary. Of the groups, the Catholic Health Services of Long Island includes six hospitals, three nursing homes, and a hospice.[3] In addition, Cogan's ruling reasoned that the HHS Mandate that required the distribution of birth control was likely unconstitutional and went as far to say that it should not be enforced. Because the HHS Mandate was never approved by Congress, Kathleen Sebelius, should not be able to enforce the mandate, Cogan argued. Furthermore, this enforcement could compromise the First Amendment. Because this decision goes beyond the exemption offered to churches by extending it to religiously-affiliated organizations, this decision paves the way for more organizations to take similar legal action.[5]

See also

External links

References

Federal judicial offices
Preceded by:
Frederic Block
Eastern District of New York
2006–Current
Seat #3
Succeeded by:
NA


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