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Interim Stat Pack for October Term 2019

With the 2019-2020 Supreme Court term coming to a close, the discussion among court-watchers continues to focus on Chief Justice John Roberts’ decision-making. Much has been made of his siding with the more liberal justices in striking down a Louisiana abortion law in June Medical Services LLC v. Russo and upholding the Deferred Action for Childhood Arrivals program (at least temporarily) in Department of Homeland Security v. Regents of the University of California. Roberts’ positions in these c...
Tags: Health, Featured, Supreme Court, Law, Hawaii, Louisiana, Donald Trump, Department Of Homeland Security, Ruth Bader Ginsburg, King, Trump, Thomas, Sonia Sotomayor, John Roberts, Roberts, Ginsburg


Symposium: The chief justice restores the Casey standard even while undermining women’s interests in Louisiana

Erika Bachiochi is a Fellow at the Ethics and Public Policy Center and a Senior Fellow at the Abigail Adams Institute. Follow her at @erikabachiochi. In comparison to the high court’s bombshell opinion in Bostock v. Clayton County earlier this month, June Medical Services v. Russo would seem relatively straightforward. The challenged admitting privileges requirement for Louisiana abortion providers is virtually the same as the law struck down in Whole Woman’s Health v. Hellerstedt just four year...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Court, Louisiana, Ruth Bader Ginsburg, Thomas, John Roberts, Richard Posner, Roberts, Alito, Clayton County, Casey


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals


With Roberts’ Assist, SCOTUS Strikes Down Restrictive Louisiana Abortion Law

On Monday, the Supreme Court delivered a win for abortion rights activists by striking down a clinic restriction law out of Louisiana. It was a five to four decision, with Chief Justice John Roberts joining the liberals in a concurring decision.  Justice Stephen Breyer, writing for the majority, called the law “almost word-for-word identical” to a Texas law the Court struck down in 2016. The Court found that that “the law offers no significant health benefit” and that it will “make it im...
Tags: Health, Texas, News, Supreme Court, Court, Abortion, Louisiana, Donald Trump, John Roberts, Roberts, Roe, Stephen Breyer, Breyer, Anthony Kennedy, Hellerstedt, Whole Woman 's Health


SCOTUS Liberals Take Last Stand In The Face Of Almost Certain Abortion Case Defeat

The liberal contingent of the Supreme Court sounded off during Wednesday’s oral arguments about the legality of Louisiana’s abortion regulation law, which is nearly identical to a Texas law the court struck down two years ago. What’s changed since then is the composition of the Court, which has shifted to the right since Justice Anthony Kennedy’s 2018 departure. Kennedy had joined the liberals in ruling against the Texas law in the 2016 case Whole Woman’s Health v. Hellerstedt.  But Wedn...
Tags: Health, Texas, News, Supreme Court, Abortion, Louisiana, Department Of Justice, Ruth Bader Ginsburg, Madison, Wall, Kennedy, Sonia Sotomayor, John Roberts, Ginsburg, Alito, Roe


The Supreme Court Is Hearing a New Case on Abortion. The Decision Could Impact Women for a Generation

Kathaleen Pittman likes to leave the door of her office at Hope Medical Group for Women open at the end of the day. That way she can watch patients leave after their abortions, and absorb the palpable sense of relief in the clinic’s hallways. “Being able to see them before the procedure, after the procedure, and just have them say how grateful they are that they were able to make it in when they did, that just can make all the difference in the world,” Pittman says. “Aside from the crazines...
Tags: Health, Texas, Hope, News, Supreme Court, Uncategorized, Alabama, New York Times, New Orleans, Abortion, Nebraska, Louisiana, Jackson, Republican, Donald Trump, Pew Research Center


Argument preview: Abortion debate returns to the Roberts Court

Editor’s Note: An earlier version of this post ran on January 27, 2020, as an introduction to this blog’s symposium on June Medical Services v. Russo, as well as at Howe on the Court, where it was originally published. When he ran for president in 2016, then-candidate Donald Trump promised that, if elected, he would appoint “pro-life” Supreme Court justices, which would result in the overturning of Roe v. Wade, the landmark 1973 decision establishing a woman’s right to an abortion. In the three ...
Tags: Health, Texas, Featured, Supreme Court, Law, Congress, Court, Idaho, Louisiana, Donald Trump, Center For Reproductive Rights, Kennedy, Trump, Thomas, Antonin Scalia, John Roberts


Symposium: June Medical Services and the future of Article III standing in abortion cases

Leah Litman is an assistant professor of law at the University of Michigan Law School. She joined an amicus brief on behalf of constitutional law scholars in support of the petitioners in June Medical Services v. Gee and the cross-respondents in Gee v. June Medical Services. Steve Vladeck is the A. Dalton Cross Professor in Law at the University of Texas at Austin School of Law. He joined an amicus brief on behalf of federal courts scholars in support of the petitioners and the cross-respondents...
Tags: Health, Texas, Featured, Supreme Court, Law, Washington, Court, Nebraska, Louisiana, Meyer, Craig, Antonin Scalia, Hart, Scalia, Harvard Law Review, Carey


Symposium: Abortion: A right in name only?

Jennifer Dalven is the director of the Reproductive Freedom Project at the ACLU, which filed an amicus brief in support of the petitioner in June Medical Services v. Gee . Is the Supreme Court going to overturn Roe v. Wade ? Everywhere I go, that’s the question I get. And to be sure, it’s a legitimate and very frightening question. After all, in 2019 alone, seven states passed laws banning abortion from the earliest days of pregnancy, all in the hopes of getting the Supreme Court to ov...
Tags: Health, Texas, Featured, Supreme Court, Law, Congress, Aclu, Louisiana, American Medical Association, Court of Appeals, Roe, U S Court of Appeals, Casey, Anthony Kennedy, American College of Obstetricians, Hellerstedt


‘Hanging by a Thread’: Democrats and the Abortion Case That Could Signal the Beginning of the End

The air was warmer than usual and spirits were high at Friday's March for Life in Washington, D.C., as pro-life demonstrators gathered across the National Mall to protest abortion and express support for mothers and their unborn children.The marchers, many of them teenagers and women with small children who had trekked long distances to be there, had good reason for their smiling enthusiasm. This year's 47th annual march followed a year of wins for the pro-life movement, including severa...
Tags: Health, Texas, News, Supreme Court, Washington, National Mall, Louisiana, Jackson, Democratic, Democratic Party, National Review, John Bel Edwards, Anthony Kennedy, Hellerstedt, Susan B Anthony List, Louisiana House of Representatives


Symposium: Abortion debate returns to the Roberts Court

When he ran for president in 2016, then-candidate Donald Trump promised that, if elected, he would appoint “pro-life” Supreme Court justices, which would result in the overturning of Roe v. Wade, the landmark 1973 decision establishing a woman’s right to an abortion. In the three years since taking office, Trump has put two new justices on the bench: Justice Neil Gorsuch, who filled the vacancy created after the February 2016 death of Justice Antonin Scalia, and Justice Brett Kavanaugh, who was ...
Tags: Health, Texas, Featured, Supreme Court, Law, Congress, Court, Idaho, Louisiana, Donald Trump, Center For Reproductive Rights, Kennedy, Trump, Thomas, Antonin Scalia, John Roberts


"The Supreme Court on Friday agreed to hear its first abortion case since President Trump’s appointments of two justices."

Adam Liptak reports (at the NYT).The case [June Medical Services v. Gee] concerns a Louisiana law that its opponents say would leave the state with only one doctor in a single clinic authorized to provide abortions. And it is very likely to yield an unusually telling decision because, in 2016, the court struck down an essentially identical Texas law.The vote in the 2016 decision [Whole Woman’s Health v. Hellerstedt] was 5 to 3, with Justice Anthony M. Kennedy joining the court’s four-member libe...
Tags: Health, Texas, Supreme Court, Law, Court, New Orleans, Abortion, Louisiana, Kennedy, Trump, John Roberts, Scalia, Court of Appeals, Adam Liptak, Breyer, Anthony M Kennedy


Symposium: In the Louisiana abortion case, maybe the best defense is a good offense

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University. He blogs at  dorfonlaw.org . Chief Justice John Roberts surprised some observers when he joined his four more liberal colleagues to grant a stay of the decision by the U.S. Court of Appeals for the 5th Circuit in . The stay blocked Louisiana’s law requiring doctors performing abortions to have admitting privileges at local hospitals. The petitioners argued that the Louisiana law was substantially similar to the Tex...
Tags: Health, Texas, Featured, Supreme Court, Law, Senate, Court, Mitch McConnell, Nebraska, Knox, Louisiana, SEIU, Cornell University, Trump, Antonin Scalia, John Roberts


Empirical SCOTUS: If Ginsburg leaves, it could be the liberals’ biggest loss yet – A look back at previous justices replaced with more conservative successors

The saga over Justice Ruth Bader Ginsburg’s health seems to ebb and flow from the headlines almost daily. Part of the mystery relates to the amount of information shared with the public. We know that, while treating Ginsburg for rib fractures, doctors found malignant lesions in her lungs that were promptly removed, and that subsequent tests have shown no evidence of any other cancer. Ginsburg has since missed oral arguments and is reportedly recovering at home while keeping current with the cour...
Tags: Health, Supreme Court, Law, Obama, Planned Parenthood, Washington Post, Kentucky, White House, Politico, Barack Obama, Indiana, Austin, United States, Kansas, Donald Trump, Ruth Bader Ginsburg


Justice Kennedy, abortion and the legacy of a third choice

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell Law School. When I clerked for Justice Harry Blackmun in 1992, his practice was to have breakfast with his law clerks every morning. One day, after we sat down to eat, the justice handed me a letter and asked me to read it aloud. I read the first paragraph and looked up uncertainly. The writer had said Blackmun was in the third trimester of his life, ready to enter the abortuary in the sky. I asked whether we should h...
Tags: Health, Texas, Featured, Supreme Court, Law, California, Planned Parenthood, Senate, Reagan, Pennsylvania, Ronald Reagan, Nebraska, Liberal, Kennedy, State, Roe


A grave threat to women's rights: 24 US states could ban abortion in two years

Donald Trump is likely to nominate an anti-choice justice to replace Anthony Kennedy, which means the supreme court could seek to overturn Roe v Wade – and allow anti-abortion states to take their current restrictions further Continue reading...
Tags: Health, Law, Republicans, US, Society, World news, US news, US politics, Abortion, Donald Trump, US supreme court, Anthony Kennedy


Justice Kennedy: A justice who changed his mind

Daniel Hemel is an assistant professor of law at the University of Chicago Law School. Justice Anthony Kennedy’s majority opinion in the online-sales-tax case South Dakota v. Wayfair was his final — and most significant — decision involving the dormant commerce clause doctrine, which prohibits state and local governments from passing laws that discriminate against or unduly burden interstate commerce unless Congress consents. Wayfair also was a sharp break from Kennedy’s dormant commerce clause ...
Tags: Health, Texas, Maryland, Law, Congress, California, Planned Parenthood, Newegg, Walmart, Pennsylvania, North Dakota, South Dakota, Davis, North Carolina, Kennedy, Thomas


Podcast: KHN’s ‘What the Health?’ Justice Kennedy retires. Now what?

The retirement of Supreme Court Justice Anthony Kennedy has triggered a political earthquake in Washington, as Republicans see a chance to cement a conservative majority and Democrats fear a potential overturn of abortion rights and anti-discrimination laws, and even — possibly — challenges to the Affordable Care Act.
Tags: Health, Supreme Court, Washington, Kennedy, Anthony Kennedy, KHN


Academic highlight: Telling stories in the Supreme Court

Linda Edwards is a professor at UNLV Boyd School of Law. Among the welter of amicus briefs in Whole Woman’s Health v. Hellerstedt was a filed by 112 women lawyers. In it, these women told the world, many for the first time, that they have had an abortion. The brief marks their “coming out” to their professional world — a combative, masculine milieu where gender-based vulnerability can be the kiss of death. But the brief is more than a public disclosure. These women spoke from inside the justi...
Tags: Health, Featured, Supreme Court, Law, Kennedy, Antonin Scalia, Scalia, Casey, GONZALES, Anthony Kennedy, Carhart, Hellerstedt, Hodges, Obergefell, Donald Verrilli, Academic Round-up


This Is How Abortion Ends In America

It's been exactly one year to the day since the Supreme Court ruled in favor of abortion rights. That should be an auspicious occasion, one we might otherwise mark with some private moment of satisfaction, even celebration. Instead, we're seeing the swan song on those same rights finally sung. Our bodies, our choices? Not for long.If you think that’s an overstatement, you haven't been paying attention. One year after the Whole Woman’s Health case, we’re back in this familiar place, gearing up f...
Tags: Health, Fashion, Music, New York, Texas, Supreme Court, Obamacare, Congress, Washington, White House, America, Georgia, Reagan, David, Gop, United States


The Court after Scalia: We need a new Justice like Scalia to help end the abortion-distortion effect

James Bopp, Jr., and Richard E. Coleson are attorneys with The Bopp Law Firm, PC. The topic is how Supreme Court jurisprudence on “reproductive rights” might change if a “conservative nominee” succeeds Justice Antonin Scalia. We focus on abortion jurisprudence because that was at issue in Whole Woman’s Health v. Heller­stedt and other “reproductive rights” are less litigated. We understand “conservative” to mean having Scalia’s judicial philosophy. While current Court members remain and the “und...
Tags: Health, Texas, Featured, Supreme Court, Law, Court, United States, Nebraska, Bolton, DOE, Kennedy, Michael, Aristotle, Thomas, Antonin Scalia, Wade


Behind The Supreme Court Abortion Victory: The Amazing Lawyers Who Made It Happen

It is altogether fitting that the Supreme Court's term-end affirmation of women's constitutional right to abortion access in Whole Women's Health v. Hellerstadt came with a very brief but valuable separate concurring opinion by Justice Ruth Bader Ginsburg. In less than two pages, the diminutive but fierce justice, a.k.a. The Notorious RBG, skewered as "beyond rational belief" the bogus health justification Texas proffered for the pair of clinic-closing abortion restrictions the Court rejected 5-...
Tags: Health, Texas, News, Supreme Court, Court, Aclu, Ruth Bader Ginsburg, Huffington Post, Center For Reproductive Rights, Nancy Northup, Kennedy, David Brown, Center, Ginsburg, Stephen Breyer, J Alexander Lawrence


Trump Responds To Supreme Court Abortion Ruling

Donald Trump on Thursday responded to a landmark Supreme Court ruling earlier this week on abortion, telling radio host Mike Gallagher that if Trump had been president, the court would have reached a different decision.  “Now if we had—Scalia was living, or if Scalia was replaced by me, you wouldn't have had that, OK? It would've been the opposite," Trump said of the ruling, which struck down a restrictive Texas abortion law. function onPlayerReadyVidible(e){'undefined'!=typeof HPTrack&...
Tags: Health, Texas, News, Supreme Court, Hillary Clinton, Donald Trump, Huffington Post, Trump, Antonin Scalia, Scalia, Anthony Kennedy, Hellerstedt, Mike Gallagher, Christina Wilkie, Huffington Post Trump


Symposium: Is Hellerstedt this Generation’s Roe?

Erika Bachiochi is a Visiting Fellow at the Ethics and Public Policy Center and a Research Fellow at the University of St. Thomas Law School. There is no question that the Supreme Court’s decision yesterday in Whole Woman’s Health v. Hellerstedt is a win for abortion clinics and their doctors. Whether the decision is a victory for women and for liberty, we ought not be so sure. Abortion-rights organizations quickly claimed that the decision was this generation’s Roe v. Wade, and in certain ways...
Tags: Health, Texas, Supreme Court, Law, Court, Ruth Bader Ginsburg, Kennedy, Thomas, Ginsburg, Alito, Roe, Casey, Breyer, GONZALES, Clarence Thomas, Samuel Alito


Abortion restrictions in Texas

Photo by ann harkness With a 5-3 decision in Whole Woman’s Health v. Hellerstedt , the Supreme Court just reversed a decision by the 5th U.S. Circuit Court of Appeals, which had upheld a Texas law requiring clinics that provide abortions to have surgical facilities and doctors to have admitting privileges at a nearby hospital. The law was predicted to shut down numerous clinics and greatly reduce the availability of abortion procedures in Texas. The court ruled that the regulations caused an ...
Tags: Health, Texas, Legal, Mississippi, Supreme Court, Law, Women, US, Abortion, All, John Roberts, Anthony Kennedy, Pro-choice, 5th U S Circuit Court of Appeals


Whole Woman's Health I: Justice Kennedy's Undue Burden Test

“Justice Breyer delivered the opinion of the Court” is the most important, unnecessary and interesting sentence in Whole Woman’s Health v. Hellerstedt (2016).  The sentence is important because even unsophisticated court observers could deduce that the Texas regulations on abortion were going to be declared unconstitutional once they knew that Justice Breyer was writing the majority opinion.  The sentence is unnecessary because almost every paragraph in the majority opinion exhibits Justice Brey...
Tags: Health, Texas, Supreme Court, Court, United States, Les Miserables, Kennedy, Branding, Thomas, Roberts, Alito, Breyer, GONZALES, Anthony Kennedy, Carhart, Mark Graber


Supreme court ruling on Texas abortion law could shutter clinics across south

The ruling in Whole Woman’s Health v Hellerstedt hinges on Justice Anthony Kennedy – and could shutter clinics across the southAs early as Monday, the US supreme court is expected to rule in Whole Woman’s Health v Hellerstedt, the most significant abortion rights case to come before the justices in more than two decades.The outcome of this case could have a ripple effect across the country. Although the direct challenge is against a restrictive Texas law, called House Bill 2, dozens of states in...
Tags: Health, Texas, Law, Women, US, US news, Abortion, US supreme court, Antonin Scalia, Anthony Kennedy, Hellerstedt, Whole Woman 's Health


Ruth Bader Ginsburg Walked All Over Texas' Restrictive Abortion Law

WASHINGTON -- For the first time in history, the U.S. Supreme Court heard a major abortion rights case with three women on the bench. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan all played an outsized role in the hearing for Whole Woman's Health v. Hellerstedt, a case that's as much about a woman's constitutional right to choose as about who gets to impose rules around that choice. But it was Ginsburg, the court's matriarch, who seemed the most invested in the nearly 85-minute...
Tags: Health, Texas, Supreme Court, Washington, Austin, Pennsylvania, Dallas, New Mexico, Ruth Bader Ginsburg, Huffington Post, Kennedy, Keller, Cristian Farias, U S Supreme Court, John Roberts, Ginsburg


"Supreme Court Appears Sharply Divided as It Hears Texas Abortion Case"

"Supreme Court Appears Sharply Divided as It Hears Texas Abortion Case": Adam Liptak of The New York Times has this report. Robert Barnes and Sandhya Somashekhar of The Washington Post report that "Supreme Court hears arguments on Texas abortion-clinics case." Sarah Kaplan reports that "Those who waited, through cold and rain, finally get precious seats for Supreme Court history." And Danielle Paquette and Sandhya Somashekhar report that "South Texas's only abortion clinic is battleground for m...
Tags: Health, Texas, Supreme Court, New York Times, Usa Today, The Washington Post, Wall Street Journal, Huffington Post, Cristian Farias, Antonin Scalia, Lyle Denniston, U S Supreme Court, Bloomberg News, Scalia, BuzzFeed News, Robert Barnes



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