Health


Posts filtered by tags: Casey[x]


 

Symposium: How to count to one

John Knepper is a private attorney based in Cheyenne, Wyoming. He previously was chief deputy attorney general of Wyoming. He filed an amicus brief on behalf of the Susan B. Anthony List in support of the respondent in June Medical Services v. Russo. Marks v. United States instructs that when a majority of the justices cannot agree on more than the outcome, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Mu...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, United States, Wyoming, Louisiana, Kafka, John Roberts, U S Court of Appeals, Casey, Stephen Breyer, Ramos, Clarence Thomas


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: June Medical Services v. Russo: When a “win” is not a win

Gretchen Borchelt is vice president for reproductive rights and health at the National Women’s Law Center. She filed an amicus brief on behalf of NWLC and 72 other organizations in support of the petitioners in June Medical Services v. Russo. In June Medical Services v. Russo, a plurality of the Supreme Court struck down a Louisiana law that would have thwarted abortion access to such a degree that it would have left “thousands of Louisiana women with no practical means of obtaining a safe, lega...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Donald Trump, John Roberts, Roberts, Casey, GONZALES, Elena Kagan, Samuel Alito, Carhart, Hellerstedt, Russo


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


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


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: Will the Supreme Court legitimate pretext?

Aziza Ahmed is a professor of law at Northeastern University School of Law. She joined an amicus brief on behalf of reproductive justice scholars in support of the petitioners in June Medical Services v. Gee. When the Supreme Court decided Whole Woman’s Health v. Hellerstedt in 2016, pro-choice advocates let out a collective sigh of relief. In declaring two provisions of a Texas law unconstitutional – an admitting-privileges requirement for physicians providing abortions and a requirement that c...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, Louisiana, Ruth Bader Ginsburg, The Supreme Court, Casey, GONZALES, Clarence Thomas, Carhart, Schimel, Hellerstedt, Stenberg


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


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


On the Anniversary of Roe v. Wade, Advocates Grapple With Abortion Restrictions

Forty-seven years ago today, the Supreme Court ruled on Roe v. Wade, establishing the legality of abortion nationwide. But as another case about abortion heads to a significantly more conservative Supreme Court this year, reproductive rights advocates and health care providers say they are preparing for a world in which the landmark 1973 decision is either significantly weakened or overturned. “We’re at a moment where the threat is imminent for the country,” Alexis McGill Johnson, ac...
Tags: Health, Texas, News, Supreme Court, Congress, California, Planned Parenthood, Uncategorized, Alabama, West Virginia, Atlanta, Abortion, Louisiana, Medicaid, Trump, Abortion Rights


Symposium: On a petition that does not exist

Kyle Hawkins is the solicitor general of Texas. SCOTUSblog has asked me to assess whether the Supreme Court should grant a cert petition that does not exist. That petition, should it ever come to be, would probably be styled June Medical Services, LLC v. Gee, though we can’t be 100 percent sure until we see it. It presumably would be about a Louisiana law that, operating within the confines of the Supreme Court’s 2016 decision in Whole Woman’s Health v. Hellerstedt, requires abortion providers t...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, U S Court of Appeals, Casey, Hellerstedt, 5th Circuit, Merits Cases, Whole Woman 's Health, Southeastern Pa, Planned Parenthood of Southeastern Pennsylvania, Brett Kavanaugh, Kyle Hawkins


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


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


Petition of the day

The petition of the day is: Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley 17-935 Issue: Whether the undue burden test established in Whole Woman’s Health v. Hellerstedt and Planned Parenthood of Southeastern Pennsylvania v. Casey entitles a court to preliminarily enjoin a state abortion law—which mandates a “contracted physician” with hospital admitting privileges that effectively bans medication abortion, offers no discernible medical benefit, and leaves only one remaining abo...
Tags: Health, Law, Casey, Hellerstedt, Cases in the Pipeline, Planned Parenthood of Southeastern Pennsylvania, Arkansas Eastern Oklahoma, Jegley


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


Academic highlight: Greenhouse and Siegel on the right to abortion after Whole Woman’s Health

How closely should courts scrutinize the purpose and effect of state legislation regulating abortion? Linda Greenhouse and Reva Siegel addressed that issue at length in an article published shortly before the Supreme Court struck down a Texas statute regulating abortion in Whole Woman’s Health v. Hellerstedt. Now that the court has spoken, they have written a follow-up essay explaining that the decision could “reshape the abortion conflict” by changing the way courts balance the benefits and bur...
Tags: Health, Texas, Supreme Court, Law, Greenhouse, Linda Greenhouse, U S Court of Appeals, Casey, SIEGEL, Hellerstedt, 5th Circuit, Americans United for Life, Academic Round-up, Reva Siegel, Planned Parenthood of Southeastern Pennsylvania


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


Commentary on Whole Woman's Health v. Hellerstedt

In 2013, the Texas Legislature passed House Bill 2 (H. B. 2). The intent of the bill was to ensure the safety of women who were undergoing abortions. Many states enacted similar legislation due to the Kermit Gosnell case in Philadelphia. Gosnell ran an abortion clinic and was convicted of murder of three infants that were born alive and of manslaughter of a patient. It was felt that requiring abortion clinics to have the same requirements of an ambulatory surgery clinic would shut down the type ...
Tags: Health, Texas, News, Supreme Court, Court, Huffington Post, Abbott, State, The Supreme Court, Ginsburg, District Court, Fifth Circuit, Casey, Hellerstedt, Texas Legislature, Kermit Gosnell


The Supreme Court Says Abortion Care Is About Women's Health--OK Congress, Now It's Your Turn!

I've had time to digest the Supreme Court's historic decision in Whole Woman's Health v. Hellerstedt and while it was a victory for women, it may be premature to call this the turning point in the struggle for abortion rights. By striking down Texas's infamous law, HB2, which imposed admitting privileges requirements and surgical-center construction mandates on abortion clinics, the court helped expose targeted regulation of abortion provider (TRAP) laws for what they are: medically unnecessary...
Tags: Health, Texas, News, Supreme Court, Congress, Planned Parenthood, Senate, Hillary Clinton, House, Medicaid, Huffington Post, Clinton, Ginsberg, Martin, Roe, Casey


Abortion Is Still A Luxury, Not A Right

By Ann Friedman In America, it's gotten surprisingly difficult to tell whether abortion is a right or a luxury. Today's Supreme Court decision in Whole Woman's Health v. Hellerstedt would seem to reinforce that it's a right. A majority of the justices recognized that the closure of reproductive-health clinics across Texas and many other states would place an undue burden on women seeking abortions. It dealt a huge blow to so-called TRAP laws, which single-out abortion providers and attempt to re...
Tags: Health, Europe, Texas, News, Supreme Court, Obama, Mexico, America, James Deen, Huffington Post, Hyde, Wade, Roe, Casey, Clarence Thomas, Ann Friedman


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


Whole Woman's Health, Gonzales v. Carhart, and Medical Uncertainty

Just a quick note here to say that Whole Woman's Health's understanding of Gonzales v. Carhart is in fact right on.  The Fifth Circuit tried to use Carhart in a number of ways to support the application of rational basis review to Texas' abortion regulations.  Here is the section of our YLS Information Society Project amicus brief explaining the Fifth Circuit's distortions, including its claims about "medical uncertainty."  Glad to see that Court, including the author of Gonzales, agreed.  (Full...
Tags: Health, Texas, Supreme Court, Congress, Montana, Court, United States, States, Circuit, Jones, Branding, Abbott, Benson, District Court, Fifth Circuit, Roe


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


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


All The Ways The Supreme Court Abortion Case Could Affect You

Photo: Win McNamee/Getty Images. The Supreme Court is gearing up to make a decision in a case that has the potential to change abortion rights across the country. And with only eight justices on the bench, anything could happen.At the center of Whole Woman’s Health v. Hellerstedt is the restrictive Texas abortion bill known as HB2, which threatens to leave the entirety of Texas and its 5.4 million women of reproductive age with only nine abortion providers. Thoug...
Tags: Health, Fashion, Music, Hollywood, Texas, Supreme Court, Obama, Planned Parenthood, Court, Antonin Scalia, Casey, Hellerstedt, Whole Woman s Health, Elliot Salazar


Media Highlight New Research Confirming HB 2 Imposes An "Undue Burden" On Abortion Access

In oral arguments for Whole Woman's Health v. Hellerstedt, pro-choice groups called on the Supreme Court to strike down Texas' extreme anti-choice law, HB 2. Right-wing media and conservative lawmakers have long argued the bill's restrictions are aimed at protecting women's health and will not force clinic closures. In response, media in Texas have highlighted new research from the Texas Policy Evaluation Project (TxPEP) confirming HB 2 is dangerous, forces clinic closures, and places an "undue ...
Tags: Health, Texas, Supreme Court, Mexico, Court, America, Austin, Fox, Dallas, Fox News, Ruth Bader Ginsburg, Vocativ, Huffington Post, Pearson, Tijuana, Keller


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



Filters
show more filters
May - 2020
MoTuWeThFrSaSu
    123
45678910
11121314151617
18192021222324
25262728293031
June - 2020
MoTuWeThFrSaSu
1234567
891011121314
15161718192021
22232425262728
2930     
July - 2020
MoTuWeThFrSaSu
  12345
6789101112
13141516171819
20212223242526
2728293031