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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: 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


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


Supreme Court Denies Certiorari to 10 Second Amendment Cases

Opinion U.S. Supreme Court Image NRA-ILA Arizona -(Ammoland.com)- In an unexpected move, the Supreme Court has voted to deny certiorari (refuse to hear) ten Second Amendment cases which have been held at the court, some of which have been waiting for years. Much speculation has been written about the cases, with the expectation the Supreme Court would hear at least one of them in order to clarify splits that have occurred in the circuit courts on the issues of carrying firearms outside the h...
Tags: Health, Guns, Supreme Court, California, Court, US, America, Department Of Defense, Chicago, United States, Arizona, Rhode Island, Rogers, Second Amendment, Wilson, Fed


Senator Chuck Schumer: Caretaker Of Government Attacks Justices Gorsuch & Kavanaugh

Opinion New York – -(AmmoLand.com)- “I want to tell you, Gorsuch; I want to tell you, Kavanaugh: You have released the whirlwind, and you will pay the price. “You won’t know what hit you if you go forward with these awful decisions. We will tell President Trump and Senate Republicans who have stacked the court with right-wing ideologues that you’re gonna be gone in November, and you will never be able to do what you’re trying to do now ever, ever again!” Schumer, speaking at a pro-Abortion ra...
Tags: Health, Chuck, UK, New York, Texas, Justice, Guns, Washington Post, Senate, Court, US, America, Cnn, United States, United Kingdom, New York Times


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


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: 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: June Medical Services – An opportunity to reject invasive appellate review

Fadwa Hammoud is the solicitor general of the state of Michigan, which joined an amicus brief on behalf of the petitioner in June Medical Services v. Gee. Many articles concerning June Medical Services v. Gee attempt to read the tea leaves regarding the future of abortion rights in light of the newer members of the Supreme Court, Justices Neil Gorsuch and Brett Kavanaugh. And rightfully so, given the effect that the court’s composition can have on American life. But I will leave the tasseography...
Tags: Health, Texas, Featured, Supreme Court, Law, Michigan, Louisiana, DOE, Anderson, Cooper, Baton Rouge, U S Court of Appeals, Hellerstedt, 5th Circuit, Medical Services, June Medical Services


‘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


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


"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


SCOTUS gets back to work with short order list granting review in new cases, including a federal criminal statutory/constitutional matter

The US Supreme Court this morning released this short order list, in which the Justices grant certiorari review in five cases (through two sets are consolidated). Criminal justice fans may be most interest in the granted case of US v. Sineneng-Smith, which SCOTUSblog summarizes this way: Issue : Whether the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i),...
Tags: Health, Supreme Court, Law, US, Louisiana, US supreme court, U S Court of Appeals, Hellerstedt, 5th Circuit, Douglas A Berman, Sineneng Smith


Symposium: The “intensely factual” question of physicians’ admitting privileges

Robin Fretwell Wilson is the Roger & Stephany Joslin Professor of Law and Director of the Epstein Health Law & Policy Program at the University of Illinois College of Law. Last month I lost someone close to me after an infection that began as double pneumonia ravaged her body. In the space of a day, a mother of nine in the prime of her life slipped away. It was so improbable. So permanent. And if that loss was not tragedy enough, the husband she left behind contracted MRSA, an antibiotic-resista...
Tags: Health, Texas, Featured, Supreme Court, Law, Cdc, America, Catholic, Louisiana, DOE, Centers For Disease Control And Prevention, U S Court of Appeals, Kavanaugh, Hellerstedt, 5th Circuit, Louisiana Texas


Symposium: June Medical should be summarily reversed

Jonathan B. Miller is Chief of the Public Protection & Advocacy Bureau in the Office of the Massachusetts Attorney General. The views expressed here do not necessarily represent the views of the Massachusetts Attorney General or the Office. June Medical Services, LLC v. Gee potentially presents an opportunity for the newest lineup of the Supreme Court, including Justice Brett Kavanaugh, to revisit constitutional protection of abortion. In a move that surprised many, the justices stayed the U.S. ...
Tags: Health, Texas, Featured, Supreme Court, Law, Massachusetts, Citizens United, Medicare, Louisiana, Trump, John Roberts, Centers for Medicare, Medicaid Services, U S Court of Appeals, Federal Election Commission, Bullock


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


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


Symposium: The rule of law is at stake — the Supreme Court must take June Medical Services v. Gee and uphold the right to abortion

Fatima Goss Graves is the president and CEO of the National Women’s Law Center. June Medical Services v. Gee – the outrageous decision by the U.S. Court of Appeals for the 5th Circuit upholding an anti-abortion Louisiana law – is not just a threat to access to healthcare, but a blatant disrespect of legal precedent and the rule of law. The Louisiana law is identical to – and in fact was modeled after – a Texas law that the Supreme Court struck down in 2016. If the Supreme Court truly wishes to p...
Tags: Health, Texas, Featured, Supreme Court, Law, Louisiana, Roe, U S Court of Appeals, Clarence Thomas, Samuel Alito, Hellerstedt, 5th Circuit, Fatima Goss Graves, Whole Woman 's Health, June Medical Services, Brett Kavanaugh


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


Ruth Bader Ginsburg Is Not Here For Any #MeToo Backlash

Internet trolls and cheap-trick thinkpiece writers don't keep Justice Ruth Bader Ginsburg up at night. Speaking this past weekend at the Sundance Film Festival, she said she's not concerned with any backlash to the #MeToo movement.“So far it’s been great. When I see women appearing everywhere in numbers, I am less worried about that,” she told NPR host Nina Totenberg.In fact, the 84-year-old Associate Justice of the SCOTUS, who's served for almost 25 years, thinks "it's about time," she said of...
Tags: Health, Fashion, Music, Aclu, Npr, Donald Trump, Ruth Bader Ginsburg, Cornell University, Anita Hill, U S Supreme Court, Rutgers University, Ginsburg, Nina Totenberg, Clarence Thomas, Hellerstedt, Lily Ledbetter


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



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