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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


Symposium: Chief Justice Roberts reins in the cavalry of abortion providers charging toward the elimination of abortion regulation

Cynthia Yee-Wallace is deputy attorney general of the state of Idaho. She filed an amicus brief on behalf of the state in support of the respondent in June Medical Services v. Russo, along with Brian Kane, who is the assistant chief deputy attorney general for the state of Idaho. Abortion providers won the most recent skirmish invalidating Louisiana’s admitting privileges law in June Medical Services v. Russo. But a close read of Chief Justice John Roberts’ concurring opinion will likely opera...
Tags: Texas, Featured, Supreme Court, Law, Planned Parenthood, Idaho, Alaska, Louisiana, U S Supreme Court, John Roberts, Roberts, Casey, Hellerstedt, Russo, Brian Kane, Medical Services


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


Another robust week for COVID-influenced federal sentence reductions using § 3582(c)(1)(A)

In recent posts (here and here and here and here and here and here and more linked below), I have highlighted many, many rulings involving COVID-influenced grants of sentence reductions using § 3582(c)(1)(A) that I have found via Westlaw.  I have received positive feedback concerning these prior posts from various quarters, and so I will continue these periodic posts as we continue to see these kinds of grants.  (And, as I have said often, my Westlaw listings likely do not represent all sentence...
Tags: Law, United States, United, Howard, LRA, Casey, Norris, Westlaw, Hanson, Pabon, Quintero, Moskowitz, Douglas A Berman, Echevarria, ND Cal, Ardila


Thursday round-up

Yesterday the Supreme Court heard argument in one of this term’s major cases, June Medical Services v. Russo, which involves a challenge to a Louisiana law requiring physicians who perform abortions to have admitting privileges at a nearby hospital. Amy Howe analyzes the argument for this blog, in a post that first appeared at Howe on the Court. Mark Walsh has a “view” of the argument from the courtroom for this blog. For The Washington Post (subscription required), Robert Barnes and Ann Marimow...
Tags: Texas, Supreme Court, Law, Washington Post, Senate, Court, Cnn, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Vox, Department Of Homeland Security, Wall Street Journal


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: As states seek to protect women, the court with June Medical Services has multiple ways to end abortion litigation free-for-all

Thomas M. Fisher is Solicitor General of the state of Indiana, which co-authored an amicus brief on behalf of the respondent in June Medical Services v. Gee. In June Medical Services v. Gee, the Supreme Court will likely clarify third-party-standing rules and potentially address the chaos of abortion-rights doctrine wrought by its 2016 decision in Whole Woman’s Health v. Hellerstedt. Whether or not the court confronts either or both issues, chances are that abortion-rights cases will look very d...
Tags: Featured, Supreme Court, Law, Planned Parenthood, Indiana, Arkansas, Bolton, DOE, U S Court of Appeals, Casey, 7th Circuit, Hellerstedt, Singleton, Kermit Gosnell, Easterbrook, Wulff


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


Federal government’s brief in abortion case supports Louisiana’s position, raises possibility of overruling Whole Woman’s Health

On March 4, the Supreme Court will hear oral argument in one of the biggest cases of the new year: the challenge to the constitutionality of a Louisiana law that requires doctors who perform abortions to have the right to admit patients at a nearby hospital. Four years ago, the justices struck down a similar law from Texas, by a vote of 5-3. But the court has changed since then: Justice Anthony Kennedy, who joined his more liberal colleagues in voting to invalidate the Texas law, retired in 2018...
Tags: Texas, Featured, Supreme Court, Law, Philadelphia, Louisiana, Antonin Scalia, John Roberts, Howe, U S Court of Appeals, Casey, Anthony Kennedy, Hellerstedt, 5th Circuit, Gosnell, Kermit Gosnell


Decade in review: Abortion

Abortion was a hot-button issue at the Supreme Court during the past decade, as it has been for almost 50 years. The right to obtain an abortion before a fetus becomes viable was first recognized in 1973 in Roe v. Wade and then curtailed in 1992 in Planned Parenthood v. Casey , which allowed states to regulate pre-viability abortions as long as the regulations do not pose an undue burden on abortion access. But for most of this decade, there were five votes on the Supreme Court to affirm Roe...
Tags: Texas, Featured, Supreme Court, Law, Louisiana, Donald Trump, Kennedy, Roe, Casey, Anthony Kennedy, Brett Kavanaugh, 2010-2019 Decade in review


Announcing the Winners of the 2020 ABA TECHSHOW Startup Alley Competition

The results are in — all 38,715 of them. Readers have been voting to select the 15 legal technology startups that will get to participate in the fourth-annual Startup Alley at the American Bar Association’s TECHSHOW conference, which is Feb. 26 to 29, 2020, in Chicago.  Voting ended Friday night and now we are pleased to announce the winners. These 15 startups will be provided space at a steeply discounted cost to exhibit their product or service in the special Startup Alley located within TECHS...
Tags: Justice, Microsoft, Law, Uncategorized, American Bar Association, Techshow, Startup Alley, Bates, Casey, Josef, KPI, Bob Ambrogi, JFM, Chicago Voting, Billseye, ECF ECF


Announcing the Winners of the 2020 ABA TECHSHOW Startup Alley Competition

The results are in — all 38,715 of them. Readers have been voting to select the 15 legal technology startups that will get to participate in the fourth-annual Startup Alley at the American Bar Association’s TECHSHOW conference, which is Feb. 26 to 29, 2020, in Chicago.  Voting ended Friday night and now we are pleased to announce the winners. These 15 startups will be provided space at a steeply discounted cost to exhibit their product or service in the special Startup Alley located within TECHS...
Tags: Justice, Microsoft, Law, Uncategorized, American Bar Association, Techshow, Startup Alley, Bates, Casey, Josef, KPI, JFM, Chicago Voting, Billseye, ECF ECF, ECFX


Vote Now: Help Pick the Startup Alley Finalists for ABA TECHSHOW 2020

We need your vote! Help pick the legal technology startups that will be selected for the fourth-annual Startup Alley at ABA TECHSHOW 2020. Fifteen companies will be selected to face off in a pitch competition on TECHSHOW’s opening night and to exhibit in a special portion of the conference’s exhibition hall. In September, we issued a call for entries. From all the entries we received, a panel of judges whittled the applications down to 26. Now your votes will select the final 15. The 15 startups...
Tags: England, New York, Justice, Microsoft, Law, Oregon, Uncategorized, Chicago, Canada, Brooklyn, New Orleans, BNP Paribas, Philadelphia, Richard, Aba, Techshow


Vote Now: Help Pick the Startup Alley Finalists for ABA TECHSHOW 2020

We need your vote! Help pick the legal technology startups that will be selected for the fourth-annual Startup Alley at ABA TECHSHOW 2020. Fifteen companies will be selected to face off in a pitch competition on TECHSHOW’s opening night and to exhibit in a special portion of the conference’s exhibition hall. In September, we issued a call for entries. From all the entries we received, a panel of judges whittled the applications down to 26. Now your votes will select the final 15. The 15 startups...
Tags: England, New York, Justice, Microsoft, Law, Oregon, Uncategorized, Chicago, Canada, Brooklyn, New Orleans, BNP Paribas, Philadelphia, Richard, Aba, Techshow


SCOTUS for law students: Supreme Court precedent

When the Supreme Court brought down the curtain on its 2018 term last June, an important, heated debate divided the justices over when to overrule constitutional precedent and when to follow it. As the justices return to the bench next week, the debate is certain to continue. Most justices agree that constitutional precedent is entitled to some respect. It is an essential part of the U.S. legal system, necessary to create stability in the law and to enhance the credibility of the court. Yet just...
Tags: Featured, Supreme Court, Law, Congress, Planned Parenthood, Court, San Francisco, City, Citizens United, Nevada, Hyatt, John Roberts, Williamson, Stevens, Abood, Detroit Board of Education


Opinion analysis: Hyatt fulfills expectations in a surprising way

In an already familiar 5-4 lineup, the Supreme Court has overruled Nevada v. Hall, which for 40 years has stood for the proposition that states generally lack sovereign immunity in one another’s courts. The new decision vindicates a legal position long held by conservatives, but it appears to endorse a loose approach to finding structural principles in the Constitution. The ruling also adopts a less than exacting view of stare decisis — hardly surprising for Justice Clarence Thomas, who wrote th...
Tags: Featured, Supreme Court, Law, California, Planned Parenthood, Time, Court, Georgia, Tennessee, Connecticut, Nevada, States, Hall, Hyatt, Marshall, Thomas


"I understand that judges, including Justices of this Court, may decide cases wrongly. I also understand that later-appointed judges may come to believe..."

"... that earlier-appointed judges made just such an error. And I understand that, because opportunities to correct old errors are rare, judges may be tempted to seize every opportunity to overrule cases they believe to have been wrongly decided. But the law can retain the necessary stability only if this Court resists that temptation, overruling prior precedent only when the circumstances demand it. It is one thing to overrule a case when it 'def[ies] practical workability,' when 'related princ...
Tags: Supreme Court, Law, Court, Abortion, Nevada, Hall, Hyatt, Casey, Breyer, Franchise Tax Board, Ann Althouse, Southeastern Pa, Federalism


Argument preview: Justices to decide whether dismissal as untimely of Supplemental Security Income claimant’s request for review is final decision subject to judicial review

After a hearing, an administrative law judge denied Ricky Lee Smith’s application for supplemental security income benefits based on disability. The ALJ’s decision was dated March 26, 2014, and under the agency regulations, Smith was required to request review of the ALJ’s decision by the Appeals Council within 60 days of receiving the decision. Smith’s counsel alleges that he timely requested review of the ALJ’s decision. The Social Security Administration, however, has no record of receiving...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Smith, Social Security Administration, Medicaid, Sanders, APA, Sims, U S Court of Appeals, Casey, Gupta, 7th Circuit, ALJ


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


SCOTUS for law students: President George H.W. Bush’s Supreme Court legacy

Shortly before his death in 1826, President John Adams was quoted as saying, “My gift of John Marshall to the people of the United States was the proudest act of my life.” Adams was one of the earliest exponents of the view that nominations to the Supreme Court form a very important part of any president’s legacy. Consider the legacy of President George H.W. Bush. Although he served only one four-year-term in the Oval Office, Bush, who died on November 30, had a profound impact on the Supreme Co...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, White House, Boston, United States, Ronald Reagan, Missouri, New Hampshire, Associated Press, Department Of Justice, John Adams, Donald Trump


Lessons for a Future Life

I’ve gotten a bit of grief from friends and colleagues for starting a series of blog posts on lessons I learned from my time as a musician and composer that I now use every day in my capacity as a legal technologist, then building to the announcement that I’m starting my own consulting company, and then immediately dropping off the face of the earth again.  I will come back to that series shortly, I promise, but as you can imagine I’ve been all consumed with the new company for the last few mont...
Tags: New York, Law, Boston, Uncategorized, Dan, Ryan, Casey, Toby, Shashi, Neota Logic, Sente Advisors, Shashi Kara, Dan Pryor


Empirical SCOTUS: State fault lines that might lead to big cases before the Supreme Court

The Supreme Court currently has 43 arguments scheduled for this term. For the most part, these cases will go under the radar. Even cases with large sets of amicus briefs, usually a good sign of generalized interest in issues, do not have the same blockbuster quality as those of recent terms. For example, amici filed nearly 30 merits briefs in the case Weyerhaeuser Company v. U.S. Fish and Wildlife Service. The case deals with the scope of the Endangered Species Act. Although this topic is import...
Tags: Florida, Featured, Mississippi, Supreme Court, Law, Congress, Virginia, Alabama, Indiana, UPS, United States, Tennessee, Iowa, Arizona, Louisiana, District Of Columbia


Academic highlight: Greenhouse and Siegel on the past, present and future of Roe v. Wade

The future of a constitutionally protected right to abortion is uncertain now that Justice Anthony Kennedy has retired from the Supreme Court, leaving a vacancy for President Donald Trump to fill. During the campaign, Trump promised to appoint justices who would vote to overturn Roe v. Wade – the standard position of all recent Republican nominees for president. Members of the Senate Judiciary Committee questioned Judges Neil Gorsuch and Brett Kavanaugh closely on the matter, and many legal scho...
Tags: New York, Featured, Supreme Court, Law, Congress, Pennsylvania, Catholic Church, Republican Party, Donald Trump, Columbia Law School, Medicaid, Greenhouse, Trump, Senate Judiciary Committee, American Medical Association, Linda Greenhouse



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