Posts filtered by tags: Stephen Breyer[x]


Court: Some employers can refuse to offer free birth control on religious grounds

By JESSICA GRESKO WASHINGTON — The Supreme Court on Wednesday upheld Trump administration rules allowing some employers to decline to provide contraceptive coverage on religious or moral grounds, which could leave more than 70,000 women without cost-free birth control. The high court ruled 7-2 for the administration, which made a policy change to allow some employers who cite religious or moral objections to opt out of providing no-cost birth control required by the Obama-era healthcare law. Low...
Tags: Health, Business, News, Supreme Court, Obama, Congress, Washington, Russia, Religion, Court, Uncategorized, Sport, Soccer, Pennsylvania, New Jersey, Associated Press

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: 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

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 . 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

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

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

Why Telling Women To Just 'Go To Another State' For An Abortion Is Utter BS

In his first post-election interview, President-elect Donald Trump said on “60 Minutes” that should Roe v. Wade (the landmark Supreme Court decision that established women’s constitutional right to an abortion) ever be overturned, the question of whether abortion is legal would be settled in the states. And if a woman happened to live in an area that stopped recognizing her right to abortion services? Well, then, she’d simply “have to go to another state” to access care, Trump said. Here are a ...
Tags: Health, Texas, News, Supreme Court, Court, Missouri, North Dakota, New York Times, Reproductive Health, Illinois, Donald Trump, Ruth Bader Ginsburg, Huffington Post, Trump, Mike Pence, The Huffington Post

Abortion Restrictions in Ohio Hurt Women’s Health, Study Finds

Abortion restrictions implemented in Ohio in 2011 under the guise of protecting women’s health led to more side-effects and follow-up visits for patients, according to a new study out of the University of California, San Francisco. The 2011 Ohio law makes sense on paper: it requires abortion providers to prescribe the abortion medication mifepristone (also known as RU-486) in compliance with federally approved guidelines. But those FDA guidelines had been last updated in 2000, which meant t...
Tags: Health, Doctor, Texas, Supreme Court, Uncategorized, North Dakota, Abortion, Ohio, Fda, Women's Health, UCSF, Food and Drug Administration FDA, Stephen Breyer, PLOS Medicine, University of California San Francisco, Upadhyay

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

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

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

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