Health


Posts filtered by tags: Samuel Alito[x]


 

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


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


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: 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: 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


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


Alito (Religion) v. Alito (Abortion)

Justice Samuel Alito’s dissent from a denial of certiorari in Storman’s Inc. v. Wiesman (2016) undermines his opposition to abortion and is a devastating rebuttal to the conservative dissents in Whole Woman’s Health v. Hellerstedt (2016).  His accusation that Washington engaged in a religious gerrymander implicitly acknowledges that no secular reason exists for opposing birth control and abortion.  Alito’s concern for the plight of those who might have to travel an extra mile or so for needed me...
Tags: Health, Texas, Washington, Smith, Branding, Thomas, Roberts, Alito, Samuel Alito, Hellerstedt, Storman, Mark Graber, Employment Division


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


Monday round-up

Justice Samuel Alito took his seat on the Court ten years ago yesterday. Reporting on the anniversary for the ABA Journal, Mark Walsh observes that Alito “has quietly helped move the court rightward on issues such as race in K-12 education, abortion rights, campaign finance, voting rights and religious accommodation.” Tamara Tabo of Above the Law contends that Alito may be “the most important conservative currently on the Court,” because he is “more coherent than Kennedy, more conventional than ...
Tags: Health, Supreme Court, Law, Court, Jordan, Louisiana, Wall Street Journal, Aba, Kennedy, Montgomery, Miller, Round-up, Thomas, John Roberts, Scalia, Roberts



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