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Symposium: June Medical and the many faces of judicial discretion

Jane Schacter is the William Nelson Cromwell professor of law at Stanford Law School. She signed an amicus brief in support of the petitioners in June Medical Services v. Russo. The headline from the 5-4 decision in June Medical Services v. Russo striking down Louisiana’s abortion restriction is unquestionably the vote of Chief Justice John Roberts. He determined the outcome. While he may have previewed his position a year ago when he voted to stay the ruling from the U.S. Court of Appeals for t...
Tags: Health, Texas, Featured, Law, Stanford, Louisiana, King, John Roberts, Roberts, Williamson, Lochner, Alito, U S Court of Appeals, Casey, Stephen Breyer, Breyer

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

Wear your helmet, concludes new study showing electronic scooter injuries have nearly tripled in the last four years

Taking a ride on an electronic scooter soon? Wear your helmet! According to a recent study published in JAMA Surgery, not wearing headgear or taking other precautions while riding is increasingly sending young people to the hospital — leading to over 40,000 broken bones, head wounds and other injuries. Unfortunately, less than 5% of riders in the study were found to be wearing their helmet, leading to nearly one-third of patients having a head injury. That’s more than double the rate of head inj...
Tags: Health, TC, Transportation, California, Tech, Policy, Motorcycles, Transport, Bird, Helmets, TechCrunch, Scooter, Lime, UCSF, Breyer, Zuckerberg San Francisco General Hospital

"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: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Woman’s Health

Catherine Glenn Foster is the president and chief executive officer of Americans United for Life. The U.S. Supreme Court’s last pronouncement on abortion came in 2016, in the jurisprudential netherworld between the death of Justice Antonin Scalia and the appointment of Justice Neil Gorsuch. Whole Woman’s Health v. Hellerstedt invalidated portions of Texas’ HB 2, including a requirement that doctors performing abortions maintain patient-admitting privileges at a hospital within 30 miles of their ...
Tags: Health, Texas, Featured, Mississippi, Supreme Court, Law, Planned Parenthood, Wisconsin, Louisiana, Antonin Scalia, John Roberts, Scalia, The Supreme Court, Baton Rouge, U S Court of Appeals, Stephen Breyer

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

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

Symposium: The wages of guerrilla warfare against abortion

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School; he blogs at Dorf on Law and is the co-author of the book Beating Hearts: Abortion & Animal Rights (2016). During the oral argument last year in Glossip v. Gross, Justice Samuel Alito accused the lawyers arguing that Oklahoma’s lethal injection protocol was unconstitutional of trying to take advantage of a “guerilla war against the death penalty” by pressuring companies to make tested drugs unavailable and...
Tags: Health, Texas, Law, Court, Oklahoma, Thomas, Alito, Casey, Stephen Breyer, Breyer, Dorf, Clarence Thomas, Samuel Alito, Hellerstedt, Glossip, HB

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

Not Just Texas: The States Most Likely To Be Affected By The New Abortion Ruling

The Supreme Court ruled 5-3 on the side of abortion rights Monday in a Texas case that could have broad effects on states across the country that have passed similar abortion restrictions. What exactly the case – Whole Woman's Health v. Hellerstedt – will mean for them, however, will depend on a long and unpredictable maze of future litigation. Elizabeth Nash, the senior state issues associate at the Guttmacher Institute, called the Court's ruling Monday the "most momentous decision in a gene...
Tags: Health, Texas, News, Supreme Court, Court, Lauren Fox, Nash, Casey, Stephen Breyer, Breyer, Guttmacher Institute, Hellerstedt, Elizabeth Nash

For the Supreme Court, March Comes in Like a Lion - And Goes Out Like One, Too

March 2016 was the Supreme Court’s first full month in session with only eight justices in more than 25 years -- and its first in almost 30 years without Antonin Scalia. The difference was clearly felt all month long. The cases that so sharply divided the Court in March on reproductive rights, religion and other issues, and the controversy outside the Court resulting from the Republican Senate’s refusal to even consider the President’s nominee to fill the vacancy, have underlined the imp...
Tags: Health, Texas, Supreme Court, Senate, Court, Tennessee, Nebraska, Huffington Post, Kennedy, Thomas, Friedrichs, Antonin Scalia, Scalia, Roberts, Ginsburg, California Teachers Association

Sneaky, Medically Unnecessary Laws Are Closing Abortion Clinics Across The Country

Over the past five years, abortion clinics across the country have had to close -- or sue -- because of an innocuous-sounding requirement pushed by anti-abortion groups and lawmakers. Alabama , Louisiana, Mississippi , Oklahoma , Texas and Wisconsin  have laws requiring doctors who provide abortions to sign an agreement with a nearby hospital to admit and treat patients with major medical complications at that hospital.  Abortion providers and reproductive rights groups ar...
Tags: Health, Florida, Texas, Mississippi, Supreme Court, New Orleans, Wisconsin, Louisiana, Huffington Post, Samantha Lachman, Richard Posner, Posner, Alissa Scheller, OB GYN, Stephen Breyer, Breyer

How A Right-Wing Media Myth Made It Into Oral Arguments For A Case Challenging Texas' Restrictive Abortion Law

In the oral arguments for Whole Woman's Health v. Hellerstedt -- the case before the Supreme Court concerning Texas' anti-choice law, HB 2 -- Texas Solicitor General Scott Keller relied on a common right-wing media myth to justify medically unnecessary restrictions on abortion. In his argument, Keller made the long-debunked claim -- pushed for years by right-wing media -- that HB 2 was passed to prevent another "Kermit Gosnell scandal," in which illegal operations led to multiple deaths at a Phi...
Tags: Health, Hollywood, Texas, Supreme Court, Alabama, Fox, Pennsylvania, United States, New York Times, Rick Perry, The Times, Fox News, Philadelphia, Louisiana, Msnbc, Crowley

Friday round-up

Today the Justices met for their first Conference since January 22. Daniel Fisher of Forbes discusses one case the Justices considered today, a challenge by a collection of counties, farmers, and businesses to an Environmental Protection Agency “plan that would remove hundreds of thousands of acres of farmland from production in regions surrounding the Chesapeake Bay.” The editorial board of The Washington Times urges the Justices to review the case, arguing that the lower court decision will “e...
Tags: Health, Utah, Texas, Justice, Supreme Court, Obama, Senate, Court, Pennsylvania, Williams, Epa, Nevada, Houston, Vox, Environmental Protection Agency, Wall Street Journal

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